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dtm1966

Junior Member
What is the name of your state? Texas

I and five other employees are suing my former employer in small claims court for unpaid vacation time. During my employment, I was under the impression that I was working for a corporation but found out when I was researching for the suit that his corporate charter had been revoked two year prior. So when I quit and when I filed the small claims suit, my employer was not really incorporated. I filed the claim against him personally not the corporation. Two weeks after being served with papers from small claims court, he reincorporated the company. Then 1 month later the corporation filed for bankruptcy. We are going in for mediation next week. I pulled up some law on the Internet (but I am no lawyer) that seems to indicate that my former employer, as the director of the corporation at the time the charter was revoked, is personally responsible for the debt. It also looked like the reinstatement of the charter has no bearing on the debt that was incurred while the charter was revoked. It this correct? And if this is true, the bankruptcy of the now reinstated company does not effect my claim, right?

Thanks
 


JETX

Senior Member
"It this correct? And if this is true, the bankruptcy of the now reinstated company does not effect my claim, right?"
Yes, and Yes. Unless he has filed for personal bankruptcy, proceed with your case against him.
 

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