Legal Question in Legal Ethics in California

If you were relying on the lawyer to contact the bankruptcy court to file something, then it sounds like he might have mishandled it. However, it would also depend if the bankruptcy case was a no-asset case, which would mean you cannot recover anyway, even though claims for employee's wages are priority claims. In that case, the lawyer's error would be considered "harmless". You should still consult with a local malpractice lawyer anyway.

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Upon reconsideration of my answer above, even though you knew about the bankruptcy case, you relied on your lawyer to file a proof of claim, which if it had been done, would have excepted your judgment from discharge even in a no-asset case. So, the fact the lawyer did not do it, you lost the chance to object to the discharge, and that is probably malpractice. Again, consult with a malpractice lawyer.

However, if the bankruptcy case has not been granted a discharg, you may be still be able to file an objection to discharge. Or even if has been discharged, and not too much time has passed, you could ask the bankruptcy court to reopen the case to object to discharge of your judgment against the debtor.

https://www.lawguru.com/cgi/bbs/attyPages/liem.html

Note: The above response is provided for legal information only and should not be construed as legal advice, nor to create an attorney-client relationship, which can only be established through payment of consideration. We do not offer free advice except for the information provided herein on LawGuru which has been screened. If follow-up advice on your specific situation is desired, we offer a paid consultation in person if you are in the Los Angeles area, or by phone or email.