Legal Question in Bankruptcy in Florida

Payment under section 507 of hte bankruptcy codes is generally paid in the following priority:

First Priority: Administrative expenses allowed under section 503(b) of this title, and any fees and charges assessed against the estate under chapter 123 of title 28.

Second Priority: Unsecured claims allowed under section 502(f) of this title.

Third Priority: Allowed unsecured claims, but only to the extent of $4,300 for each individual or corporation, as the case may be, earned within 90 days before the date of the filing of the petition or the date of the cessation of the debtor's business, whichever occurs first, for

(A) wages, salaries, or commissions, including vacation, severance, and sick leave pay earned by an individual;

or (B) sales commissions earned by an individual or by a corporation with only 1 [one] employee, acting as an independent contractor in the sale of goods or services for the debtor in the ordinary course of the debtor's business if, and only if, during the 12 months preceding that date, at least 75 percent of the amount that the individual or corporation earned by acting as an independent contractor in the sale of goods or services was earned from the debtor;

Fourth Priority: Allowed unsecured claims for contributions to an employee benefit plan -

(A) arising from services rendered within 180 days before the date of the filing of the petition or the date of the cessation of the debtor's business, whichever occurs first; but only

(B) for each such plan, to the extent of

(i) the number of employees covered by each such plan multiplied by $4,300; less

(ii) the aggregate amount paid to such employees under paragraph (3) of this subsection, plus the aggregate amount paid by the estate on behalf of such employees to any other employee benefit plan.

If you file a "proof of claim" with the bankruptcy court you will need to check the box advising the trustee that you have a "priority claim" over other creditors.

Good luck,