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I am an unsecured priority creditor

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H

handran1966

Guest
What is the name of your state? Washington State

I need to know if employees that were not provided claim forms or paid out as promised on my last day at that company, have legitimate or considerable cases to file claims to judge after final creditor date by the courts. We were never informed or provided any paperwork, disclosure info etc. I have 140 hours of unpaid vacation time accrued. I filed a claim today after the deadline because no one would help us or send forms and we had no court info, case#, etc. This is the letter that I sent to the judge, do I need to do something else, file a petition or paperwork to have this reconsidered. Please read the nonsense they pulled on us to stall out our potential claim filing.


Park Place Building
US Bankruptcy Courts
Western Washington-Seattle Office
1200 Sixth Avenue, Room# 315
Seattle, WA 98101

To: Your Honor

Regarding Case# 03-21038-SJS

I just wanted to take a moment to inform the courts that myself among many other Seattle Farwest Service Corporation employees are still unpaid by the company on contributions to the Employee Benefit Plan that was still in effect on April 30th of 2004, my last day and the last operation day for the Seattle Farwest Service Corporation. These are benefits that I and others have accrued such as unused vacation time and sick pay/leave. I had been an employee for the Seattle Farwest Service Corporation for 7 ½ years and prior to and as of my last working day there (the last operation day of that company); I was informed by Jim Kipper and Dorothy Kumar that all the final payouts on paychecks and the time stated above would be on the date of my final pay period/paycheck of 05/14/2004. That did not happen. It was not till after I had left the company and on the following week after I and other employees left Farwest that we were informed otherwise. It was either Tuesday, May 4th of 2004 or Wednesday, May 5th of 2004 that Dorothy Kumar amongst others met with the Seattle Farwest Service Corporation’s attorney, and she directed them at that time that those payouts could not be made till July of 2004 following further court proceedings. I spoke to Shelly _________ (the Farwest Attorney) and she informed me that we would all receive claim forms soon to submit to the courts and it has been over 3 weeks now and nothing came in the mail, so I took it upon myself and so have others to submit our own claims. I feel it was unfair to tell the employees that left that they could not be paid out for time earned and that others were allowed to take and were paid out on even when the company was in bankruptcy proceedings. The Farwest drivers are all still being paid out regularly and other employees that were terminated or asked for leave of absence during the last 7 months were able to draw on their sick pay at 40% and 100% on their vacation time. I do not understand why employees who have loyally served this company but finally left the company have not been treated in the same manner. We were never notified prior to the last day of Farwest nor anytime during my employment there that this would be the procedure, in fact all the employees that were leaving the company were told it would be on their final paycheck for that pay period that fell on May 14th of 2004. It was not till after our final day and into the next week when I was informed otherwise. I would like the courts and yourself, “Your Honor”, to be informed of this situation before making a decision on the other employees (both current and former) that have also submitted unsecured priority claims in this case.

I have included the following documentation with-A copy of the Union Contract that was being held in place and in effect although dates showed otherwise, it was pending final negotiations with that verbal agreement depending on the outcome of the company. Please see Articles 11.1, 11.2, 16.1, 16.2, 17.4, 19.1, 23.1, and 23.2 if any questions. I have also included a copy of my last paycheck stub, W-2 form for 2003, and a letter stating my unused, accrued, and unpaid vacation time accumulated with Seattle Farwest Service Corporation.

Thank you for your time, “Your Honor”, and your consideration on this matter. I will be awaiting your judgment or decision on this matter eagerly.

Sincerely,



______________________
Lynette Ankeny
30714 5th Ave SW
Federal Way, WA 98023
253 529-1375
er then file claim as far as legal paperwork.
 


I suggest that you contact Arnold M. Willg, 520 Pike St. Suite 2510, Seattle, WA 98101-4006, 206-340-1935, [email protected], who is the attorney for the unofficial committee of unsecured creditors in this case. Mr. Willig will be better able to inform you of the progress of the case and of whether you need to file a proof of claim.
 

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