Legal Question in Bankruptcy in Indiana

Re: unpaid wages

Among your options are: file complaint with Indiana Department of Labor; file complaint with United States Department of Labor; file a complaint in Small Claims Court; retain an attorney to pursue the matter. If this employer files for bankruptcy, then you need to make sure your claim is considered an unpaid wage claim, since you are entitled to preferential treatment. But you won't be treated as well as the lawyers in the bankruptcy case, so I hope you are able to collect this debt before the ocmpany goes completely under.

Re: unpaid wages

I was not sure if you or the company had filed bankruptcy, since this question was placed in bankruptcy law for Indiana.

So this answer is only for the assumption that the company has filed bankruptcy. There is what is called a Meeting of the Creditors or a 341 meeting that is held in bankruptcies. This meeting gives creditors of the debtor (the person or company who has filed for bankruptcy) the opportunity to show up in court to insure that their rights are heard and/or protected - or simply put that an attempt is made to get paid by objecting to the bankruptcy. The only hitch is that the creditor must show good cause for the objection.

You may also want to contact the Department of Labor in Indiana to file a complaint on your former employer as well.

Cordially,

Buffy M. Bryant, Esq.