Chapter 11

[stepped in it]

What is the name of your state? Georgia

I was hired in Sept as an independant contractor doing sales audit for a big company. It was for 4 hours/day, 5 days a week. Appox 4 weeks ago, the company filed Chapter 11. At pre-filing they owed me one weeks pay. Post filing they owe me 3 weeks pay and some bank fees. The first check was returned and they reissued it plus paid for 2 additional weeks that I had already worked and all of my bank fees for the first check getting returned. Now I find out that the 3 checks they gave me last time are going to be returned also. I mentioned it to my boss last Monday, and he promised to make it good, but I stll haven't heard anything about it, and the boss won't even look at me anymore. They now owe me a total of 4 weeks pay plus some bank charges. They will be closing in a few weeks, so I can't wait too long for payment. What do I need to do to get my money? Can I even get my money or do I need to kiss it good bye? Thank you

 

[pattytx]

As an independent contractor, you are in the unfortunate position of getting in line for payment with all other vendors. You can try filing in small claims court, but it is unlikely a hearing would occur before they close. Irrespective of the fact that the business is, at some point, closed, I believe they still must report all liabilities in the bankruptcy. If you submitted invoices and have reported to the company in writing that the checks have bounced, you should be on their debtor's list.

Good luck. If someone else has more advice for you, I'm sure they'll post.

 

[stepped in it]

From what I have been told from the company...The "pre" filing check would have become null & void except for the fact that they had re-issued the check again "post" filing. They told me that ALL bills due post filing had to be paid. Is that correct? I sure hope so because it's a pretty penny now (at least to me).

 

[pattytx]

At this point, I would recommend consulting an attorney. Bankruptcy law is not my specialty.