Dear all – can you please let me know if some of you went through the procedure to claim your outstanding unpaid salaries from the employer who declared bankruptcy?
I am going through the procedure on [guichet.lu](https://guichet.lu) but somehow i dont understand where should i send my documents, to which instituion should i go first – ADEM or court etc.
So if someone of you went thorugh this procedure i would be grateful if you share your process i.e steps.
2 comments
ADEM should be able to provide information but normally, claims should be filed with the court which decided on the bankruptcy
Hi former lawyer here.
You need to fill out a claim registration form (déclaration de créance in French) and submit it to the Court (Tribunal d’arrondissement Luxembourg or Diekirch, depends on which Court has ordered the bankruptcy). They will send the claim registration to trustee in bankruptcy (curateur in French) who will check your claim. If your claim is valid, the trustee in bankruptcy will then send the relevant papers to ADEM who will transfer you the money. Some trustees in bankruptcy also help you to fill out the form, but not all of them.
The State of Luxembourg guarantees claims with regards to unpaid salaries and benefits up to 6x the minimum social salary (so up to 13k.
If your claim is higher than the one guaranteed by the State, they will only pay you up to the above mentioned limit and the rest of your claim will be paid out with the assets that the trustee in bankruptcy has recovered from the bankrupted employer. In most of the cases, no assets will be recovered.
If you need any further informations, feel free to send me a PM.