Legal Question in Bankruptcy in California
I took my ex-employer to labor board court in Oct 2009, I received a letter last week that I won and she owes me 5K. Then I got a letter that says she declared bankruptcy and my case is closed. She declared bankruptcy in June 09, had creditor meeting in August, and it was closed in Oct. Does she really not owe me money anymore? Or does she?
1 Answer from Attorneys
The answer to your question depends on several key facts that you left out. If the wage claim existed at the time your former employer filed for bankruptcy, then it may be covered by the bankruptcy. If your claim arose after June 2009, then she owes you the money.
If it was before the bankruptcy and she had no assets, you are out of luck if she received a discharge. If she had assets to be distributed to creditors and failed to list you as a creditor, then she owes you the money.
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