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How to Claim Wages in Bankruptcy
Facing an employer who files for bankruptcy can be an emotional and legally challenging experience. Your primary objective needs to be taking the steps necessary to ensure that you are compensated for wages due to you. The U.S. Bankruptcy Code requires you to complete and file what is known as a proof of claim form to formally request that the court take up the matter of your unpaid wages during the course of your employer's bankruptcy proceedings. Proof of claim form Step 1Request a proof of claim form from the bankruptcy court clerk if you do not receive one within about two weeks after your employer files bankruptcy. You can telephone the bankruptcy court clerk to request that a form be mailed to you. Additionally, you can download a form from the bankruptcy court's website. (Continued Below) Please take a moment to consider your debt relief options Bankruptcy Chapter 7: Discharges all debts completely, no monthly payments. Read More | Online Qualification Test | Comparison | Calculate Savings Debt Negotiation: Repay about 50% of debts*, dramatic monthly savings. Read More | Online Qualification Test | Comparison | Calculate Savings Bankruptcy Chapter 13: Repay about 85% of debts*, no monthly savings. Read More | Online Qualification Test | Comparison | Calculate Savings Credit Counseling: Repay 100% of debts, some monthly savings. Read More | Online Qualification Test | Comparison | Calculate Savings Step 2: Complete the form. A proof of claim form is not complicated. Include your name, address and the amount of money you are claiming. Additionally, note that you are filing a claim for wages. If for some reason the case caption is not printed on the form, call the bankruptcy court clerk's office to obtain the information. Step 3 Note the deadline for submitting the form with the court. If you miss the deadline, the court can bar you from making a claim for your wages. Step 4 Deliver the completed proof of claim form to the bankruptcy court clerk. If you elect not to hand-deliver the form, mail it via certified mail with a return receipt requested. You need to be able to demonstrate that you made a timely delivery of the proof of claim form. Bankruptcy and Wages: Claiming your wages in a BK... Related Articles Bankruptcy and Wages : Article about the relationship between wages and BK Wage Earner : Discusses how a wage earner is treated in BK Wage Earner Plan : Find out why Chapter 13 is known as the 'Wage Earner Plan' Stop Wage Garnishment : Learn how filing BK can stop wage garnishment Bankruptcy and Wage Garnishment: Learn about the relationship between wage garnishment and BK Wage Garnishment : Another helpful article about wage garnishment Bankruptcy to Stop Wage Garnishment : Read how you can use BK to stop wage garnishment |
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