Legal Question in Bankruptcy in Missouri
I was employed by a temp agency based in North Carolina - DSU Incorporated. The company I worked for them is in O'Fallon Missouri. I was dismissed by DSU on 3/12/12 but was never paid all my final wages. I just found out that DSU has filed for Chapter 11 bankruptcy on 4/1/12. Would it then be useless to sue them for the money they owe me?
1 Answer from Attorneys
Yes--BUT you still may be able to get your pay. You need to file a Proof of Claim -- instructions on where to submit this should be in the fine print of the Notice of Filing that you presumably received. I took a few minutes to research this online, and learned that the case number is 12-02507. You should submit your Proof of Claim to the North Carolina Eastern Bankruptcy Court CM/ECF, PO ox 1441, Raleigh, NC, 27602 and then mail the completed form (include the case number) back to that court. Or, to save time, access the court's website online and download the form. There is a limited time to file and the clock started to tick when the case was filed -- April 1, 2012?, NOT when you learned of the filing. And while the statute of limitations in state court may be several years, the time limit to file a proof of claim is much, much less. If I were you, I'd plan on getting it done before May 1. FYI, there are a lot of forms. You want the Proof of Claim. Good luck with your efforts.
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