HRS §383-72
Who gets paid first when an employer's assets are divided
When a court orders an employer's assets to be divided, money owed to the unemployment fund must be paid before most other debts, except taxes and certain wage claims. In federal bankruptcy cases, the same priority applies as under federal law.
courtscreditorsemployers
The statute, as written — Priorities under legal dissolutions or distributions
In the event of any distribution of an employer's assets pursuant to an order of any court under the laws of this State, including any receivership, assignment for benefit of creditors, adjudicated insolvency, composition, or similar proceedings, contributions then or thereafter due shall be paid in full prior to all other claims except taxes and claims for wages of not more than $300 to each claimant, earned within six months of the commencement of the proceeding. In the event of an employer's adjudication in bankruptcy, judicially confirmed extension proposal, or composition, under the federal Bankruptcy Act of 1898, as amended, contributions then or thereafter due shall be entitled to such priority as is provided in section 64(a) of that Act (11 U.S.C. sec. 104(a)), as amended.
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