Legal Question in Bankruptcy in California

If the actions occurred before you filed for bankruptcy then they are covered by the discharge unless the employer sued you in bankruptcy court to declare its claim nondischargeable. Assuming the employer had no knowledge of your bankruptcy and you did not know of the claim against you by your former employer and didn't give notice of your bankruptcy filing, then you can have the bankruptcy court now make a determination as to whether the claim was discharged. This can be started by bringing a motion for violation of the discharge injunction in bankruptcy court. The employer will argue lack of knowledge of the bankruptcy and will probably be given the opportunity to prosecute its adversary proceeding in bankruptcy court for a determination of nondischargeability of the claim. You don't mention many required additional facts so this is something you need to discuss with a very experienced bankruptcy litigation attorney.

I had a bk discharge in july of 2011 You now need to re-opem your bankruptcy to include the former employer as a pre-petition claim or creditor on your bankuptcy case.

As your attorney should have advsed you are required to list all possible debts or claims against you on your bankruptcy even i disputed. We can do this for yur for a reasoble fee.