Any lien provided for in KRS 376.150 and 376.180 shall be superior to the lien of any
mortgage or other encumbrance thereafter created, and shall be for the whole amount due
the employees as such, or due for such materials or supplies. Liens of employees for
wages coming due to them within six months before the property or effects shall come to
be distributed among the creditors shall be superior to the lien of any mortgage or other
encumbrance theretofore or thereafter created. No president or other chief officer, nor any
director or stockholder of any such company, shall be deemed an employee within the
meaning of KRS 376.150.
Effective: October 1, 1942
History: Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky.
Stat. sec. 2488.
Notes of Decisions
In Re Megamarket of Lexington, Inc., 207 B.R. 527 (Bankr. E.D. Ky. 1997).
· cites it 2× “Fleming asserts that because the debtor cannot demonstrate that the claims of former employees came due within six months prior to bankruptcy, and because their claims are for unpaid vacation pay, not unpaid wages, the claims are not priority lien claims as provided by KRS…”
McGlone v. Smith, 168 S.W.2d 566 (Ky. Ct. App. 1943).
“Stats, (now KRS 376.160). If the operation of the mine or industry shall be suspended, it is provided in Section 2490, Ky.”
Int'l Harvester Co. v. Dyer's Adm'r, 178 S.W.2d 966 (Ky. Ct. App. 1944).
· cites it 2× “Likewise, they come ahead of the Corporation’s claim for royalty reserve in the lease because such a reservation could have no higher rating than a mortgage. The chancellor erred in placing the Corporation’s lien for royalty ahead of the labor liens, but as above stated, we are…”
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