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Spirt filed for Chapter 11 again


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Spirt filed for Chapter 11 again

Old 09-08-2025 | 09:50 AM
  #141  
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Originally Posted by AncientAliens
I'm pulling for you guys and really hoping a chapter 7 doesn't happen but I've got one piece of advice from someone who has been through this kind of thing before. Open a separate checking account for your paycheck and sweep any payments immediately into another account not associated with your direct deposit. I was in similar position in 2008 and they were able to claw back two paychecks when the doors closed. Ended up getting some of the money from the bankruptcy court years later but not a a fun experience. Labor isn't at the back of the bankruptcy trough but it's nowhere near the front either, especially with a company as encumbered as NK.
Thanks for the advice!
Be ready to get some hate for your post though.
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Old 09-08-2025 | 10:03 AM
  #142  
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Originally Posted by AncientAliens
I'm pulling for you guys and really hoping a chapter 7 doesn't happen but I've got one piece of advice from someone who has been through this kind of thing before. Open a separate checking account for your paycheck and sweep any payments immediately into another account not associated with your direct deposit. I was in similar position in 2008 and they were able to claw back two paychecks when the doors closed. Ended up getting some of the money from the bankruptcy court years later but not a a fun experience. Labor isn't at the back of the bankruptcy trough but it's nowhere near the front either, especially with a company as encumbered as NK.
Dang, that is rough. Sound advice.
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Old 09-08-2025 | 10:17 AM
  #143  
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Originally Posted by AncientAliens
I'm pulling for you guys and really hoping a chapter 7 doesn't happen but I've got one piece of advice from someone who has been through this kind of thing before. Open a separate checking account for your paycheck and sweep any payments immediately into another account not associated with your direct deposit. I was in similar position in 2008 and they were able to claw back two paychecks when the doors closed. Ended up getting some of the money from the bankruptcy court years later but not a a fun experience. Labor isn't at the back of the bankruptcy trough but it's nowhere near the front either, especially with a company as encumbered as NK.
Thanks for the insight. Once the paycheck hits my bank account, is it fully truly "my money"? Does the out-of-business company have any legal right to claw back a paycheck, or are they just trying to money-grab whatever they can?
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Old 09-08-2025 | 10:40 AM
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Originally Posted by BusBoi
Thanks for the insight. Once the paycheck hits my bank account, is it fully truly "my money"? Does the out-of-business company have any legal right to claw back a paycheck, or are they just trying to money-grab whatever they can?
ACH transactions can be reversed. Also wages are priority claims, but are limited in how much get paid and how long it takes. Don't expect that last paycheck to show up anytime soon, and there might not be enough after secured creditors are paid. The rest would be prorated, but high income earners like pilots would probably get a substantially lower final paycheck, if any, and a few months late.
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Old 09-08-2025 | 10:45 AM
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Originally Posted by BusBoi
Thanks for the insight. Once the paycheck hits my bank account, is it fully truly "my money"? Does the out-of-business company have any legal right to claw back a paycheck, or are they just trying to money-grab whatever they can?
Not a lawyer, I think you would have to dive into the legalese of the direct deposit agreement for an answer. I know they can rescind funding made in error. In our case the company did not have the money in their account to cover payroll but made the payments anyway. I guess it would be considered the electronic equivalent of a bounced check. Not only could they not make payroll, they had also quit paying the company portion of our healthcare premiums without telling anyone. There were people who had used medical services that were getting bills for thousands of dollars from hospitals because insurance wouldn't cover the cost due to not getting paid. Granted this was a smaller non-publicly traded company, I imagine a liquidation at Spirit would be more orderly. That being said I still think you guys find a way to pull through. Keep your heads up but you gotta protect your interests.
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Old 09-08-2025 | 10:50 AM
  #146  
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Originally Posted by AncientAliens
Not a lawyer, I think you would have to dive into the legalese of the direct deposit agreement for an answer. I know they can rescind funding made in error. In our case the company did not have the money in their account to cover payroll but made the payments anyway. I guess it would be considered the electronic equivalent of a bounced check. Not only could they not make payroll, they had also quit paying the company portion of our healthcare premiums without telling anyone. There were people who had used medical services that were getting bills for thousands of dollars from hospitals because insurance wouldn't cover the cost due to not getting paid. Granted this was a smaller non-publicly traded company, I imagine a liquidation at Spirit would be more orderly. That being said I still think you guys find a way to pull through. Keep your heads up but you gotta protect your interests.
None of this requires "legalese" etc. Its simple. ACH transactions can be reversed. Its done all the time. A company just tells its bank to reverse the ACH and they do it. There is no recourse on the bank. Its on the employer.
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Old 09-08-2025 | 12:07 PM
  #147  
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Originally Posted by AncientAliens
Not a lawyer, I think you would have to dive into the legalese of the direct deposit agreement for an answer. I know they can rescind funding made in error. In our case the company did not have the money in their account to cover payroll but made the payments anyway. I guess it would be considered the electronic equivalent of a bounced check. Not only could they not make payroll, they had also quit paying the company portion of our healthcare premiums without telling anyone. There were people who had used medical services that were getting bills for thousands of dollars from hospitals because insurance wouldn't cover the cost due to not getting paid. Granted this was a smaller non-publicly traded company, I imagine a liquidation at Spirit would be more orderly. That being said I still think you guys find a way to pull through. Keep your heads up but you gotta protect your interests.
Hooters air?
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Old 09-08-2025 | 12:35 PM
  #148  
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Originally Posted by AncientAliens
I'm pulling for you guys and really hoping a chapter 7 doesn't happen but I've got one piece of advice from someone who has been through this kind of thing before. Open a separate checking account for your paycheck and sweep any payments immediately into another account not associated with your direct deposit. I was in similar position in 2008 and they were able to claw back two paychecks when the doors closed. Ended up getting some of the money from the bankruptcy court years later but not a a fun experience. Labor isn't at the back of the bankruptcy trough but it's nowhere near the front either, especially with a company as encumbered as NK.
THIS. I didn’t do this when my first airline shutdown. I lost needed money when I literally had none as a young new FO.
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Old 09-08-2025 | 12:53 PM
  #149  
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Originally Posted by FriendlyPilot
None of this requires "legalese" etc. Its simple. ACH transactions can be reversed. Its done all the time. A company just tells its bank to reverse the ACH and they do it. There is no recourse on the bank. Its on the employer.
So basically at any time Spirit could reverse all my direct deposits and take back all the money they ever paid to me......just because reasons?
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Old 09-08-2025 | 01:02 PM
  #150  
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Originally Posted by BusBoi
So basically at any time Spirit could reverse all my direct deposits and take back all the money they ever paid to me......just because reasons?
No. Not reasons. It's called bankruptcy clawback. It is legal and is part of the Bankruptcy Code.
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