How do you recover your wages if your company filed for bankruptcy? 4 Answers as of November 11, 2010

The company I work for is filing for bankruptcy, and they say they cannot pay our wages for the last month (our pay schedule is really delayed). I need those wages, especially if I am going to be out of a job. How do I get them?

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The Law Office of Mark J. Markus
The Law Office of Mark J. Markus | Mark Markus
This depends on what chapter of bankruptcy the company filed and whether any assets are being liquidated for the benefit of creditors. If there are assets being distributed in their bankruptcy you should be notified to file a proof of claim and you will then be paid according to your priority if and share in the distribution if and when that is made. You're probably looking at least a couple of years before receiving anything.
Answer Applies to: California
Replied: 11/11/2010
Greifendorff Law Offices, PC
Greifendorff Law Offices, PC | Christine Wilton
You file a proof of claim in their bankruptcy case. If there are fund available to pay creditors, then you'll be in line to receive a payment.
Answer Applies to: California
Replied: 11/11/2010
Gus Johnson Attorney at Law
Gus Johnson Attorney at Law | Gus Johnson
A wage claim is a priority claim in the bankruptcy, if the company ends up having property available to liquidate, then you should a claim notice from the bankruptcy court.
Answer Applies to: South Dakota
Replied: 11/11/2010
Sussman & Associates
Sussman & Associates | Mitchell Sussman
You should file a claim.
Answer Applies to: California
Replied: 11/10/2010
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