Legal Question in Employment Law in Maryland

Are Employees also classed as Creditors

Hi,

I was a salaried employee prior to being laid off (originally on temporary lay off - end june 2003, then permanent lay off - July 2003). The company i worked for filled Chapter 11 in mid June 2003 and i have just received Form B9F ''Amended Notice of Chapter 11 Bankruptcy........'' along with Form B10 which has a submission deadline of mid october 2003. Re-organisation under Chapter 11 will not take place due to lack of addition funds and the company will close very soon.

My questions are as follows:

i) I had 18 days of vacation due but was not allowed to take between time of Chapter 11 filing and date of lay off - do i need to file form B10 with the court ?

ii) I was employed on an H1-B visa and am entitled to flight tickets back to my home country - do i need to file this on form B10 also.

Your response to these questions is appreciated.


Asked on 9/26/03, 3:08 pm

1 Answer from Attorneys
G. Joseph Holthaus III Law Offices of G. Joseph Holthaus

Re: Are Employees also classed as Creditors

You need to make all claims against the pending bankrupt estate. Your wages are high in priority for payment. Unused vacation time may be claimable as well as air flight especially where either are evidenced in writing or are part of an agreement that can be ratified.

Contact an attorney if you need assistance with filing your claim.

Joe Holthaus

(410) 799-9002

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Answered on 10/03/03, 9:54 pm


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