I dont think I agree with you on that. An employee has better standing in a bankruptcy than an unsecured 1099 creditor. Generally the pecking order is secured creditors, employees and the the rest divide it up. Normally an employer knowing they are going to reorganize will have packed away as much in the payroll account as they think they can get away with. Does not sound like the situation in this case. Happy to be corrected if I am wrong in any of this.
You may be correct. Not a lawyer. Your argument makes sense. That’s why I suggested he see a lawyer. Most, myself included are guessing at best.