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How is accrued PTO treated in a California company bankruptcy?

My California based company may close its doors and go bankrupt. Where does my earned, but not taken, PTO end up? Is it apid out first, like wages? Treated like a vendor? Please help!

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Accrued but unpaid PTO is a debt of the company and should be listed as an unsecured debt of the company in its bankruptcy filing.

If the company files or filed a chapter 7 bk then you may receive some payment on your PTO dependent upon the assets of the company as of the date the BK petition is filed.

You should not however, expect to receive any measurable amounts of money - the bankruptcy is a good sign that the companies resources are limited and will likely be insufficient to provide the smallest creditors (such as yourself) with any measurable recovery.

The response given is not intended to create, nor does it create an ongoing duty to respond to questions. The response does not form an attorney-client relationship, nor is it intended to be anything other than the educated opinion of the author. It should not be relied upon as legal advice. The response given is based upon the limited facts provided by the person asking the question. To the extent additional or different facts exist, the response might possibly change.

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