Anyone out there familiar with B10 Bankruptcy Form?

[thongd4me 69]

She got this in the mail from the United States Bankruptcy Court for the Southern District of New York.

A&P has been in bankruptcy for some time now, but this is the second set of papers she got.

This is the B10, designated for creditors of the company.

So far, technically she is not a creditor because they have paid every salary check that was due.

I have a feeling that this was sent to ALL employees because in light of the Chapter 11 proceedings,

she is a POTENTIAL, if not actual creditor.

My take on it is that she doesn't have to fill it out unless they fail to give her a paycheck on time.

Anybody out there know of the actual purpose of this form in the legal sense?

The B10 form itself (blank) On the one she received, her name was filled in as the "creditor"

Explainatory Note on form B10 - USCourts.gov

The note doesn't say much, except to instruct the recipient of B10 to provide documentation for the claim.

The form directs the claimant to attach documents to support the claim or, if voluminous,

a summary of such documents. These include any security agreement (if not included in the

writing on which the claim is founded), and evidence of perfection of any security interest. See

Committee Note to Rule 3001(d) concerning satisfactory evidence of perfection. If the claim

includes prepetition interest or other charges such as attorney fees, a statement giving a detailed

breakdown of the elements of the claim is required.

Any ideas? Am I on the right track in my advice to her?

[Dave-n-Oksana 49]

My company just got through with this process and the notice must be sent to all employees as technically they are creditors as the company has to pay them money.

Your advice is dead on. As long as she does not have back pay owed to her, she does not have to fill out the document.

Dave

[thongd4me 69]

My company just got through with this process and the notice must be sent to all employees as technically they are creditors as the company has to pay them money.

Your advice is dead on. As long as she does not have back pay owed to her, she does not have to fill out the document.

Dave

Thanks very much; it was as I suspected.

On New Year's Eve last year we went out with my friend and his girlfriend.

On New Year's Day, before they drove back to their house, we took a ride to drop off my wife at work.

He remarked, "Oh, did you know they're going bankrupt?"

It didn't surprise me because of several things which there's no need to go over here.

I realize that chapter 11 is an ongoing process and doesn't always mean that the employees won't get paid.

I'm supporting her in her decision to stay there because she feels she needs a longer period to get

established regarding experience for getting a better job. Also, her previous job in Thailand lasted for

26 years and it's not her nature to change if she's not forced to. In any case, I said I'd also be happy

if she decided to quit because now she is a lot more employable than she was a year ago.

Thanks

Edited May 17, 2011 by thongd4me