My private ex-employer filed Ch. 11 bankruptcy. I have so far been unable to retain a lawyer, but I need to file a proof of claim form to get in on things ASAP.
My question is this - I know I am entitled to triple damages because I have requested payment of my overtime multiple times in writing now. When I submit my form (and check Wages, salaries and commissions box), can I put the amount that includes damages as long as I explain my calculations to the judge, or should I only put the actual overtime that is due? I think that punitive damages are non-dischargeable debt. I have all the proof that I submitted for payment multiple times and have a breakdown of my time sheets, etc. They willfully refused to pay me.
Also, even though I have paid my COBRA to the company on time, If found out that they have NOT paid Jan/Feb premiums yet, putting my coverage at risk for cancellation back to Jan 1st, something I cannot have due a pre-existing condition (epilepsy)!! A lawyer I consulted with said I could also claim damages on this for additional health costs arising from their failure to pay in a timely manner, etc. Can I include what I feel are real costs incurred from their negligence on this claim form?? How much (am I entitled to punitive damages), and where (possibly under contribution to employee benefit plan section)? I am putting both of these under priority non-secured creditor status.
Also, how to I make sure that my debt is recognized as non-dischargeable - do I need to file a separate form for that?
Thanks for any help....unemployed, pregnant and unable to afford/find a lawyer, although I'm looking hard!!!