Didn’t get salary and holiday pay – bankrupted company with 242 employees – Dagsavisen

It was a man who petitioned for the company Mde Personell AS to be declared bankrupt. The background for this was a claim of NOK 121,736 in overdue holiday pay claims and unpaid wages.

Mde Personell AS has engaged in staffing and has been based in Kontorveien in Forus. In 2021, the company had a turnover of just over NOK 230 million and in the same year had a profit before tax of just over seven million NOK. The company is listed on proff.no with 242 employees.

There has already been a court hearing where Mde Personell AS was granted an adjournment in view of the bankruptcy petition. When the case was heard again in Stavanger courthouse on Tuesday, no one from Mde Personell AS appeared.

“The defendant has not appeared in today’s court session and there is no information about a valid absence. The bankruptcy petition was legally served on the defendant ahead of the court hearing to consider the petition on 21/03/2023. At the court hearing, the case was adjourned in accordance with section 71 first paragraph of the Bankruptcy Act at the request of the defendant, and a new court hearing was scheduled and a summons served. This is apparent from the postponement order,” the order says.

Thus, the court held that the summons to the court session has been legally served on Mde Personell AS.

The court found no evidence that the plaintiff’s representation is incorrect and accepted this as the basis. The court also concluded that the plaintiff has an overdue claim against the debtor for which no satisfactory security has been provided.

“Accounting information has been received by e-mail from the defendant on 31/03/2023. The information provides a snapshot, but is not complete documentation that can sufficiently verify liquidity and sufficiency. When the defendant then also does not appear in court for clarification, the court finds that it cannot assume that the defendant can settle his debt with his own income or assets or that the payment problems are temporary. The conditions under Section 60 of the Bankruptcy Act, cf. Sections 61 and 63, for accepting the bankruptcy petition are present,” writes Sør-Rogaland District Court.

Attorney Fredrik Bie has been appointed as administrator. The probate meeting will be held on 22 May.

Bie tells RA that on Tuesday he has summoned the company’s management to a meeting on the same day.

– Then we’ll see what happens from there, says Bie to RA.

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