Legal Question in Bankruptcy in Mississippi
Employer's Responsibility
Our Cooperate Headquarters is located in Ohio, we have a terminated employee who worked in our Mississippi plant. He was paying on a Bankrupcy. Our court order for payroll deductions doesn't say anything about reporting changes in his employment status. He has about $17k in 401k and ESOP do we need to report this to the court before we pay him off?
Asked on 7/05/01, 4:32 pm
1 Answer from Attorneys
Marshall Snyder
Law Office Of Marshall Snyder
Re: Employer's Responsibility
The 401(K) may have been reported in
your former employee's bankruptcy.
If no loan has been extended against
the 401(K), and depending upon the
exemptions being used by any given state,
the 401(K) can oftentimes be declared
as exempt property.
Answered on 7/06/01, 1:54 pm