Business in bankruptcy.

UPDATED: Jun 6, 2009

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Business in bankruptcy.

The company I worked for went chapter 11. They reneged on my severance package. How do I file a claim?

Asked on June 6, 2009 under Bankruptcy Law, New York


David Hamilton / Dwyer & Associates

Answered 13 years ago | Contributor

You should file a proof of claim with the Bankruptcy court.

(I'm guessing Southern District court in Manhattan if the business is in Manhattan, or the Eastern district court if the business is in Queens or Brooklyn.)

You can have a lawyer help you with this, or alternatively the clerks in the court are always very helpful with proceeding.

There are deadlines you should be aware of so act quickly. You may need to get a claim form from the court too.

You should know it may be unlikely that you will recieve much of your claim if the company is successful, however it is certainly worth your while trying to get what you can.

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 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.

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