If my former employer owes me an earned salary and it is now filing bankruptcy, how do I get listed as a creditor?

Get Legal Help Today

 Secured with SHA-256 Encryption

If my former employer owes me an earned salary and it is now filing bankruptcy, how do I get listed as a creditor?

I was a salaried employee, and my employer had no money. I quit, but was to be paid the next day for the previous month’s work (per my contract) Now they say they are filing bankruptcy, how do I get listed as someone owed?

Asked on January 25, 2011 under Bankruptcy Law, Tennessee

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

The general way that you are listed in a bankruptcy proceeding is by filing a proof of claim form.  It is a form that allows you to list all the pertinent information on why you are making a claim and allows for an explanation.  You will need to attach your proof of the claim (here it would be a copy of your contract) and submit it with the form and the explanation.  You can fill out the form yourself and they can be amended if you left anything out.  You can probably get one from the bankruptcy court itself or maybe even online but I would call and check with the bankruptcy court first.  Claims are settled in priority of claim.  You may wanto to discuss that issue with an attorney and possibly start a suit against your employer. Good luck to you.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

 Secured with SHA-256 Encryption