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Patrick, Esq.
Patrick, Esq., Lawyer
Category: California Employment Law
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Experience:  Significant experience in all areas of employment law.
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Our company just notified us they are not going to pay us our

Resolved Question:

Our company just notified us they are not going to pay us our wages and back pay. They have filed chapter 7 What do we do now?
Submitted: 2 years ago.
Category: California Employment Law
Expert:  Patrick, Esq. replied 2 years ago.
Hello and thank you for entrusting me to answer your question. I am so sorry to hear that your employer's company is declaring bankruptcy.

An individual in your circumstance would need to file a creditors claim with the bankruptcy court. Debts for wages earned within 180 days of the filing of any bankruptcy are considered to be priority claims and will typically be among the first to be paid out of the employer's nonexempt assets. (11 USC 507(a)(4).)

An individual in your circumstance will want to file a Proof of Claim with the Bankrupcty Court as soon as possible if you haven't already. You can find the form here: http://www.uscourts.gov/FormsAndFees/Forms/BankruptcyForms.aspx

While it is shameful for an employer to have employees work hours they know or at least have a reason to believe may not be paid, there is not typically any other recourse in the event of bankruptcy aside from what has been described above.

I sincerely XXXXX XXXXX this information helps you and I wish you the best.

If you do not have any further concerns, I would be very grateful if you would give my answer a positive rating and click submit, as this is the only way I will receive credit for assisting you. If you have any additional concerns that you would like me to address, please feel free to let me know by hitting the REPLY or CONTINUE CONVERSATION button and I will be more than happy to continue assisting you.

Finally, please bear in mind that none of the above constitutes legal advice nor is any attorney client relationship created between us.

Thank you and very kindest regards.
Patrick, Esq., Lawyer
Satisfied Customers: 7649
Experience: Significant experience in all areas of employment law.
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Patrick, Esq.
Patrick, Esq.
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Significant experience in all areas of employment law.