I’m owed wages for accrued vaction time. The company filed chapt 11 and placed a hold on payment. What should I do? File proof of claim, sue for mone

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I’m owed wages for accrued vaction time. The company filed chapt 11 and placed a hold on payment. What should I do? File proof of claim, sue for mone

I’m owed wages from accrued vacation days, but was told that due to impending chapter 11 Bankruptcy filing, the courts placed a stop on all payment. My position was terminated on May 8th, 2009, at which time the company(my employer) was acquired by a competitor. I’ve yet to receive wages for vacation time accrued. Where do I fall on the priority list, should i file proof of claim, how can I get information regarding the status of whether the payment will be made?

Asked on June 20, 2009 under Bankruptcy Law, Georgia

Answers:

B. B., Member, New Jersey Bar / FreeAdvice Contributing Attorney

Answered 12 years ago | Contributor

I would definitely file a proof of claim, if the bankruptcy is filed. That will get you notification from the court, as the case progresses.

I'm not sure about what you were told, that "the courts" stopped payments from the company because of the "impending" filing;  ordinarily, it's the filing that does that, and it comes with a temporary stay of any lawsuits pending that involve the bankrupt company.

For advice you can rely on, you need to review all of the facts with an attorney in your area.  One place to find a lawyer is our website: http://attorneypages.com


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