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cfortunato, Attorney
Category: Bankruptcy Law
Satisfied Customers: 8023
Experience:  Bankruptcy professor.
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can you file chapter 7 on unpaid wages after a judgement has

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can you file chapter 7 on unpaid wages after a judgement has been done ? its in ca
Hi - my name is XXXXX XXXXX I'm a Bankruptcy attorney here to assist you.

1) Is the judgment against a person or against a company?
2) Can it be claimed that the person or company knew at the time the judgment is for that the person or company would not be paying the wages?
Customer: replied 5 years ago.

its against company and person the company has shut down now

we went to trial for back wages that were unpaid

A Chapter 7 can discharge the personal (not company) liability for the unpaid wages - as long as the non-payment was not based on fraud or false pretenses. If the unpaid wages were due to fraud or to false pretenses, the judgment would not be dischargeable.

In other words, if the person knew the wages were not going to be paid, but allowed the employee(s) to work anyway, then the unpaid wages would be non-dischargeable in a Bankruptcy. Otherwise, the judgment for the unpaid wages would be dischargeable.


I think this is what you wanted to know. If not, please let me know.

Thank you.

cfortunato and other Bankruptcy Law Specialists are ready to help you
Customer: replied 5 years ago.
thank you, i guess i am out of luck then