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Bankruptcy Law - Questions & Answers

My employer filed bankruptcy. How do I get paid?

If you are a union employee, contact your union. Often unions will represent the employees in the bankruptcy proceeding. If not, file a proof of claim for any unpaid wages, vacation benefits, etc. owed from before the date of filing. Up to $4,000 (this amount will increase periodically - make sure you check a current version of the Bankruptcy Code) of the amount owed to you for services performed within 90 days of the date of the bankruptcy, or the date your employer closed its doors, whichever occurred first, is a "priority claim" under the Bankruptcy Code. The rest of the amount owed you is a general, unsecured claim. Priority claims will get paid before general unsecured claims.

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