You Must Pay Employees During Chapter 11 Bankruptcy

October 14th, 2010 by Reed Allmand

You Must Pay Employees During Chapter 11 Bankruptcy

If you’re filing Chapter 11 bankruptcy as a small business owner you need to come up with a plan to insure that your employees continue to get paid during your bankruptcy if they are still working for your company while you restructure.  Failure to pay your employees during Chapter 11 bankruptcy can result in the following adverse actions:

  1. You could lose control of your bankruptcy case. In the recent Chapter 11 bankruptcy case of a chain of Arby’s restaurants, the owners of 22 stores failed to pay their workers and the bankruptcy judge took control of the stores away from the debtor.  Because it appeared that the owners were unable to handle the basic finances of the stores while in bankruptcy, they lost control.
  2. If you fail to pay your employees during Chapter 11 bankruptcy, even if it is for a few weeks, those employees will most likely quit.  While you will technically save money with fewer employees, it can adversely affect your business because you still need employees to run the daily operations of your company.
  3. The U.S. Labor Department could send their enforcement division after you if you fail to pay your employees even during bankruptcy.  Failure to pay employees is illegal and could result in heavy fines and/or imprisonment.

The key here is that it is illegal to have someone working for you, promise to pay them and then not pay them, even if you are in bankruptcy.  Bankruptcy will not exempt an employer from their legal obligation to pay employees as prescribed by federal law.  Just to clarify, if an employee continues to work with you after you file Chapter 11 bankruptcy, you must pay them.  If you closed your business down after you filed bankruptcy and owe employees money for work done before you filed bankruptcy, those employees become part of your creditors in that bankruptcy case.

avatar

About Reed Allmand

Website

Allmand's vision is rooted in his own financially precarious childhood in Abilene "My father always had difficulty holding a job and supporting our family, so after my parents divorced when I was 12, my sister and I got jobs to help make ends meet," he recalls. "I remember what it felt like as a child to worry that our car would be repossessed or home foreclosed on."

View all posts by Reed Allmand

Subscribe

Subscribe to our e-mail newsletter to receive updates.

  • hardworking

    my employer has not paid us in over a week the main office got their checks what are my options? they claim there are no funds to pay us due to the chapter 11 they filed. does the courts really hold all funds???

FAQ

Why do I need to submit a new wage order when I modify my plan

When we modify your bankruptcy plan we are changing your plan payments. This means that we have to get with your employer and change the terms and amount of your wage order. The only way we can do that is by filling out a new wage order form.  

Learn More
What happens if the stay terminates on my home?

If the bankruptcy stay terminates on your home that means that even though your in bankruptcy, your creditor can pursue all there legal remedies they can pursue if you were not in bankruptcy. This includes foreclosure, and having your house sold and evicting you from your house.

Learn More

Find Location

map
  • Dallas Bankruptcy

    5646 Milton Street, Ste. 120 Dallas, Texas 75206
  • Fort Worth Bankruptcy

    860 Airport Freeway, Suite 401, Hurst, Texas 76054
  • More Locations

Meet Our Clients