Updated Proof of Claim Calculation Spreadsheet

I’ve been working on refinements to the Proof of Claim Calculation Spreadsheet and I wanted to explain some of the additions, corrections and refinements:

Employee Number: added a line to enter your Heller Ehrman employee number.  This will help the bankruptcy court to have a reference number and verify that you were a Heller Ehrman employee.

Sabbatical:  for those who had reached their sabbatical anniversary, you should enter the number of hours of sabbatical to which you were entitled.

Health Benefits:  if you had to pay health insurance coverage due to termination prior to the Dissolution Date (11/28/2008), enter the amount.

Profit Sharing: Heller’s profit sharing program made deposits each January to your 401k account based on your years of service with the firm.  This was not a merit or discretionary payment – it was mandated in the firm’s benefits materials.

WARN Act Accrued Profit Sharing: the amount of profit sharing you would have accrued had you not been terminated and were able to work until the Dissolution Date.

Associate Bonus: if as an associate you achieved the billable hours goal, enter the bonus amount to which you were entitled.

Health Costs:  if you did not have health insurance coverage costs but had to pay out-of-pocket medical expenses, enter them here.

Penalty for Seattle, WA and Washington, DC Employees: expanded to include DC employees – they are entitled to add liquidated damages of one times the amount not paid.

Prejudgment Interest: 10% per annum from Termination Date to Proof of Claim Deadline Date

Attorneys Fees and Costs To Be Determined: this is a placeholder for this expense which has yet to be determined.

Unsecured Claim and Priority Claim: the amounts are now broken out separately.

Again, here is the link to the spreadsheet: Proof of Claim Calculation Worksheet

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6 Responses to “Updated Proof of Claim Calculation Spreadsheet”


  1. 1 Anon2 18 April 2009 at 5:02 pm

    HD, I am having problems uploading or downloading – whatever – this link It pops up a link called QuattroPro 12. i can’t open it.

  2. 2 Thomas MacEntee 18 April 2009 at 5:33 pm

    This is an Excel spreadsheet in XLS form (meaning it is Excel 2003/2007 compatible).

    Can you right-click over the link and select Save?

    Thomas

  3. 3 Mr. Jones 20 April 2009 at 1:04 pm

    Thomas,

    Thanks for revising this! I am definitely submitting a revised claim as the amount with penalties, health care costs, etc. is MUCH larger.

    However, I did notice a few calculation errors:

    First, for the calculation of Hourly Wage in B13, the actual Number of Hours will only be half the calculated value if you were fired on 10/10. This is perhaps not an error per se, since you do say “two week period” in A12, but perhaps you might add a note in the explanation in D12 to “Enter TWICE gross pay from last pay stub if you were fired on 10/10/08.” Or perhaps the Hourly Wage shouldn’t be a calculated field at all, but should just be pulled from the earnings statement.

    Second, the Profit Sharing Rate in B41 was calculating as 500%, not 5%, which, uh, overstates the profit sharing amount by quite a bit.

    Third, in the formula for the Amount of Priority Claim there is a misplaced parenthesis; It reads:

    “=IF(B44>10950,10950,B44)+B36+B38+B42” instead of
    “=IF(B44>10950,10950,B44+B36+B38+B42)”,

    which gives a priority amount greater than $10,950 (at least in my case).

    Anyway, thanks again!

  4. 4 Thomas MacEntee 20 April 2009 at 1:33 pm

    Thanks for catching these – here are my comments:

    1. I’ve changed the note to simply say “Gross Pay for two week period” – I’m pretty sure people would notice an hourly wage that was 1/2 of what they expected.

    2. Yes, I will update the error – it should be .05 in the formula and not 5!

    3. The formula is correct and it is difficult to explain without revealing strategy and bankruptcy law as interpreted by Blum Collins. Putting it simply (and perhaps someone will want to research the concept of priority claim in bankruptcy), technically a priority claim can be greater than $10,950.

  5. 5 Thomas MacEntee 21 April 2009 at 12:31 pm

    The short explanation for why the priority claim is greater than $10,950 is: Former employees may have a priority claim for contributions to employee benefit plans (11 USC § 507(a)(5)) in addition to priority claim for wages (11 USC § 507(a)(4)).

    Thomas

  6. 6 Anon3 22 April 2009 at 3:00 pm

    I don’t believe associates were able to participate in profit-sharing plans, correct?


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