Legal Question in Bankruptcy in California

Labor Laws vs Bankruptcy

I won a labor dispute and was awarded back wages. My former employer filed bankruptcy a few years later. I was given ten years to collect from the labor board.This debt was listed in this bankruptcy. Is this a dischargable debt?


Asked on 1/30/02, 7:44 am

2 Answers from Attorneys
Mark Markus Law Office of Mark J. Markus

Re: Labor Laws vs Bankruptcy

It depends on what legal status your employer was (i.e. corporation, partnership, individual) and what chapter of bankruptcy was filed.

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Answered on 1/30/02, 11:50 am
Robert Miller Robert L. Miller & Associates, A Law Corporation

Re: Labor Laws vs Bankruptcy

I have to agree with Mr. Markus -- it depends on a number of issues. If your employer is filing Chapter 7, and seeking a discharge, then you must file a complaint to challenge dischargeability within the bankruptcy court.

It sounds from your description like you may have a judgment, which you may renew every 10 years. The sooner you collect, however, the better.

Best of luck, and please email if you need more information.

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Answered on 1/30/02, 2:05 pm


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