Pay Prepetition Wages

Official Procedure - Created - 7/1/2022: ClosedK. Collopy-Norris

References

CM/ECF Menu

Bankruptcy>Motions/Applications

Event

Pay Prepetition Wages
Rules / Code / Resources

Fed.R.Bankr.P.

11 U.S.C. §

Local Rule 9090-2(C)(3)

 

Motion to Pay Prepetition Wages is a motion to pay employees of the debtor prepetition wages outstanding as of the petition date.

Per Local Rule 9090-2(C)(3):

A motion to pay employees of the debtor prepetition wages outstanding as of the petition date must include a schedule stating: (a) the name of each employee to whom wages are sought to be paid; (b) the amount due each employee as of the petition date; (c) the salary that the person received in the 12 months before the filing of the debtor’s Chapter 11 petition, including a description of any prepetition employment agreement; (d) a description of any services performed for any third party or compensation received or that will be received by the person from any source other than the debtor-in-possession after the date of the petition; (e) the salary proposed to be paid to the person, including all benefits; and (f) the amounts to be withheld from the person’s salary, including all applicable payroll taxes and related benefits.

 

Step-by-Step Procedure:

  1. Select [Bankruptcy>Motions/Applications]

  2. Enter case number and click Next

  3. Select Pay Prepetition Wages from pick list and click Next

  4. Select the Party you represent from the party pick list or if not listed then Add/create new party

  5. Click Next

  6. Click Browse button and navigate to locate the appropriate PDF

  7. Select PDF to be uploaded into CM/ECF

  8. Click Open button and filename will appear in the browse window


    NOTE: The proposed order must be added as an attachment to the notice of motion and motion.

  9. Select Yes radio button for Attachment to Document and click Next

  10. Select one or more attachments by clicking the Browse button and navigate to locate the appropriate PDF

  11. Select PDF attachment to be uploaded into CM/ECF

  12. Click Open button - filename of attachment will appear in the browse window

  13. Complete the Category and/or Description

  14. Click Add to List (attachment file name will appear in window)

  15. Click Next

  16. In text box, type any additional text to match PDF title (this is optional) and click Next

  17. Click Next

  18. Insert hearing date, time and select hearing location

  19. Click Next

  20. Screen with case information will appear - click Next

  21. Verify the accuracy of the docket text - if applicable, you may make a selection from the prefix drop-down box - click Next

    Example of Docket Text with drop-down box:


    The Final Text page will display. This is your final opportunity to modify the entry before submitting the filing.

    Example of Final Docket Text:

  22. Verify the accuracy of the docket text

  23. Click Next to complete filing process

The Notice of Electronic Filing will display. It is the verification that the filing has been sent electronically to the court.

Copies of this notice and the document filed are emailed to all participants who receive electronic notification in the case. You have a period of 15 days for a one time free look at the document filed.