Question about W2's and a bankrupt company?

Question

So my husband's company went bankrupt just this spring and it has been a total nightmare for us. Not only did he loose his job (and we were a 1 income family at the time) but we found out his insurance premiums that were taken OUT of his check were not paid to the insurance company by his employer. We had no health insurance.

Well things are better now. We are both working and trying to catch up and pay off the hospital bills we accrued not knowing we didn't have insurance. (Insurance company sent out the notice and we received after the fact - TERRIBLE timing!) But I am concerned about the money they took out of his check that went to the government for taxes and such. IF they didn't pay them as well are they in trouble for it or are we? Since we have proof that it was taken out of his check from his check stubs are we in the clear?

Answer 1

You need not worry if the employer did not pay the withheld taxes to the IRS, state etc. The employer is the one who needs to worry.

File your tax return and report the withholdings that are reported on the W2.

You should seek counsel regarding the fraudulent withholding of the insurance premiums. You may be able to recover some of your losses for the amounts paid to the health care providers. Good luck.

Answer 2

you should be ok as you are secured creditor in the Bk of this company. I would sue the owner personally for theft of funds as to taking out insurance premiums and not paying the account. Also for any out standing bills from medical that have occurred because of his theft

Answer 3

there is a chance you won't get a w-2 from them, sop I hope your husband saved his pay stubs - you may have to do what is called an estimated return based off the only info you have - the gross pay and fed inc tax withheld on the last paystub he got from them

Answer 4

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