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Ask Delta-Lawyer Your Own Question
Delta-Lawyer, Attorney
Category: Legal
Satisfied Customers: 3546
Experience:  10 years practicing IP law and general litigation
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I am on disability and my company has filed 11

Customer Question

I am on disability and my company has filed for Chapter 11 bankruptcy protection. They didn't give me any warning that they planned to discontinue my disability payments on December 31,2015.
Am I entitled to get them to continue my payments?
Submitted: 1 year ago.
Category: Legal
Expert:  Delta-Lawyer replied 1 year ago.
What was the reason they state that your disability was discontinued?
Customer: replied 1 year ago.
They claim protection under chapter 11 bankruptcy no longer requires them to pay me. Is that true? And if it is true didn't they have to send me prior notice? I didn't learn until February 2016, that they stopped all payments effective 12/31/15. Now I have received a notice of a hearing date and time along with a response deadline for the Debtors' Eight Omnibus objection to claims seeks to reclassify certain proofs of claims. Do I sent this back or do I need to go to court or what?
Expert:  Delta-Lawyer replied 1 year ago.
Filing bankruptcy can affect your disability payments as it can be classified as an asset. Unfortunately, there is no law that mandates they inform you that you payments will be cut either. It is based on the filing and it is assumed. If you attorney did not inform you of this fact, then they should have before you filed. You do need to send back the objection to claims information, or you will be considered waiving those rights. As such, you do need to timely respond and then address them at the hearing. I am sorry you are having to deal with this issue. Bankruptcy is a weird area of the law with many off-shoots such as this which cause problems of an unforeseen nature.
Expert:  Delta-Lawyer replied 1 year ago.
Just checking to see if you have any additional questions or comments. I want to make sure you are as comfortable as possible as you move forward. Thanks