Legal Question in Bankruptcy in Minnesota

"I filed a small claim against former employer for non payment of wages. He has filed Chapter 13 bankruptcy I contacted the court to get listed as a creditor on the bankruptcy...will my small claim jeopardize any payment from the bankruptcy court?"

Asked on 1/27/13, 9:01 am

2 Answers from Attorneys

Sam Calvert Calvert Law Office

You may be entitled to a priority status for your wages claim.

Get a copy of the plan and see if you are treated.

You are entitled to attend the trustee meeting, if it is financially feasible for you to do so. If you do, ask the debtor about your treatment under the plan.

If not satisfactory, you should consult an attorney near where you live.

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Answered on 1/27/13, 3:29 pm
David Kelly-952-544-6356 Kelly Law Office

In order to get paid anything by the bankruptcy trustee, you must file a proof of claim form. Be sure you have done that. Then, as I see you have already been told, you need to make sure that your claim is treated as "priority" by the trustee's office. If it's priority, it should be paid in full. There may be a box to check or a blank to fill in on the proof of claim form to indicate that it is a priority claim. Somehow on your claim form you should make sure you indicate that this is a priority claim. But that's not necessarily enough. You may wish to attend the meeting of creditors, if you have not already missed it, or contact the trustee's office to make sure your claim is treated as priority.

Finally, it's a bad idea to go to conciliation court with this. The bankruptcy notice has a "stay" which requires you to take no collection action except what you can do through the bankruptcy process. Your conciliation court claim is probably a violation of the stay, for which technically you could be found in contempt of court. So if I were you, I would drop that conciliation court claim if it's not already too late.

This response is for general information purposes only and does not create an attorney-client relationship. It is not legal advice. You should consult the attorney of your choice concerning the details of your case. This is not a good substitute for an actual consultation.

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Answered on 1/28/13, 12:25 pm

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