First, by way of dislaimer, readers should understand that I’ve opted to join the class action suit and have signed on with Blum Collins. I have various reasons for doing so, which I will explain in my next post.
Second, as part of the class action group I must guard against disclosing too much strategy information here on the blog. So I am offering below some very basic instructions on filing the proof of claim with the bankruptcy court. This is not to be construed as legal advice – you either need to seek your own counsel or you have the option of requesting a retainer agreement from Blum Collins. I won’t be able to answer specific questions about the proof of claim process.
Third, if you are already part of the class action suit or anticipate being part of the ceritified class, you do not need to file a proof of claim yet. Blum Collins will be coordinating the filing process for all those who want to pursue the class action suit.
At the end of this post are the links to previous posts about the proof of claim process.
1. Use the Proof of Claim Form below and complete it with the following information:
The US Bankruptcy Court District is: Northern District of California
The Heller Ehrman Case Number is: 08-32514
The Name of Debtor is: Heller Ehrman LLP
The Name of Creditor is: Your Name
The Name and Address where notices should be sent: Your Address
2. Use the Proof of Claim Calculation Spreadsheet below to calculate your claim. The sheet is currently populated with sample data. Enter your own info in the yellow fields using the Notes in the right column as guidance.
If you do not have access to Excel, use the Proof of Claim Calculation document (Word) below – you may need to utilize a calculator since this form will not automatically calculate your totals.
3. Enter the amount of claim in Amount of Claim as of Date Case Filed.
4. Explain basis for claim (wages, accrued vacation, etc.) in the Basis for Claim field.
5. Enter your Heller Ehrman employee number in the Last four digits . . . field (or use the last four digits of your Social Security Number).
6. IMPORTANT: in the right column, under Amount of Claim Entitled to Priority, at a minimum you need to enter the amount of your Accrued Vacation and check the Wages, salaries . . . checkbox. The enter the priority amount at the bottom of the column.
7. Sign and date the form.
8. Send the form to:
US Bankruptcy Court – Northern District of California
235 Pine Street, 19th Floor
Post Office Box 7341
San Francisco, CA 94120
Links:
Proof of Claim Calculation Spreadsheet (Excel)
Proof of Claim Caulculation Document (Word)
Filing a Proof of Claim – Gathering Documents
Filing a Proof of Claim – What to Claim
Filing a Proof of Claim – Calculating What to Claim
I cannot locate my last stub from the firm – is there someone that is part of the wind down staff that I can contact? And leads are appreciated. In the interim, I will keep looking! Many thanks
Another thing that might be helpful for our Proofs of Claim is if anyone has the open enrollment forms that show what the firm’s contribution towards our benefits. I have it for prior years, but not for 2008. The form shows (1) the different types of coverage you can select, (2) how much the type of coverage costs you, and (3) how much the firm contributes toward that type of coverage. I believe that is a benefit we were entitled to during the WARN Act period, so I intend to include it in my claim. I just don’t have the numbers for 2008.
I luckily have my last pay stub but was not sure how to calculate the wages etc. so I sent an email today to the email address listed on the heller web site for inquiries re the bankruptcy, which is “hellerehrmanmanagement@hellerehrman.com.” Have not heard anything yet.