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Wage and Hour Case Against Former Employer. He Filed Bankruptcy, can I still go forward

Van Nuys, CA |

Hello,

I filed a lawsuit in 2009 against my employer for unpaid wages. The employer was a nursing facility and was not an entity, just dba for a sole proprietor. Shortly after, he filed for personal bankruptcy and the case was put on hold due to the bankruptcy. Does his debt to me for unpaid wages get discharged now that the bankruptcy proceedings are complete or can I now continue with my lawsuit against him? I know he still has assets I can collect from. Thank you for your help.

Attorney Answers 3


  1. You need to consult with a bankruptcy attorney regarding this matter.


  2. A claim for wages would only survive a bankruptcy discharge if the wages were owed for less than 180 days before the bankruptcy was filed. See 11 USC sec 507 for more information. Hope this perspective helps!


  3. It appears that you might not have a way to collect due to the time gap. If you have a large judgment it might be worth the money to consult an attorney to see if there is a way you may collect. If he filed a Chapter 13, you can also file a proof of claim. Good luck.

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