State Fights for Back Wages from Bankrupt Airline
Wednesday, 04 August 2010 11:38Pace Airlines is yet another casualty in a string of airlines that were folded by high gas prices and fewer travelers. The company filed for Chapter 7 bankruptcy in September of last year, with $2 million in assets and $3 million in debts—the former figure has naturally declined due to considerable bankruptcy costs. The state of North Carolina is now fighting for employees’ back pay, seeking $1.5 million total for employees between the period of August 23 and September 15. It might seem unusual that a state would file a bankruptcy claim instead of a labor union—their action is an enforcement of a new state Wage and Hour Act. They allegedly owed wages ranging from $30 to $7,800.
Unfortunately for Pace employees and workers for floundering businesses nationwide, when a company files for bankruptcy, their own employees rate low on the pecking order of being repaid. Even Pace’s bankruptcy trustee Edwin Allman III warned that it was unlikely that the employees will see their back pay. He maintains that employee repayment is as high of a priority, in his opinion, as paying the bankruptcy lawyers; even as bankruptcy trustee, however, he has no authority in changing the bankruptcy hierarchy of creditors.
Pace Airlines’ current owner, Rodgers Airlines, took over their liabilities in May 2009—unfortunately, this covered $9 million in stock and $6 million in other liabilities, all of which excluded the employees. They are not about to pick up the tab, as they have also filed a claim in the bankruptcy court as an unsecured creditor for $512,960. Some of the liabilities in that $6 million include hiring employees anew, since a company in Chapter 7 bankruptcy halts all of its business upon a filing.
If and when you decide to file for Chapter 7 or Chapter 13 bankruptcy, some of your creditors take priority over others. For instance, an individual you owe money has less clout than a credit card company you owe thousands of dollars. Though Chapter 7 erases a great majority of your debt, your creditors will still require you to sell some assets to repay them. If you have a great deal of assets you cannot bear to lose, you may be better suited for a Chapter 13 bankruptcy.
To learn how bankruptcy can dig you out of serious debt, call the helpful staff of Legal Helpers toll free at 1-800-260-1402. We offer a free consultation and are dedicated to helping you achieve a successful bankruptcy.




