If my former employer owes me an earned salary and it is now filing bankruptcy, how do I get listed as a creditor?
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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 13 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.
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