Guest gopher2378 Posted June 15, 2009 Posted June 15, 2009 Small employer with 4 employees (1 owner and 3 employees) who were all employed on 12/31/2008. It's time to file the 2008 Form 5500 and make the 2008 3% safe harbor contributions, but the company is out of business and there are no corporate assets. The owner has filed personal Chapter 7 bankruptcy. Do the participants become creditors for their 2008 safe harbor contribution? Do they have to file something with the bankruptcy court?
K2retire Posted June 16, 2009 Posted June 16, 2009 Technically the person who should be filing a claim is the plan trustee. Of course, if the trustee is the business owner it get sticky.
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