Opinion, please.

[don cleland]

What is the name of your state? California

I went through a bankruptcy 18 months ago. About a year ago , I initiated legal action against my former employer relating to work done for the three years prior to my bankruptcy.

The attorneys for the other side are arguing that since the wage claim relates to employment that was performed prior my bankruptcy it is no longer collectible. Is this true?

They say only the 3 months work performed after my bankruptcy is relevant/collectible. Can this be right?

[don cleland]

Just as a clarification, I would like to add that at the time of my bankruptcy, I had no Idea that I would be initiating legal action against my former employer for wage law violations. I only became aware of these violations six months after my bankruptcy.

[don cleland]

Here is an example.

Suppose I had been paid less than minimum wage. And I didn't challenge it at the time because of ignorance or fear. Toward the end of my 3 years of employment I file Ch 7. Then a few months after quiting, someone encourages me to file suit.

How can it be possible that the wage violations prior to ch 7 are not collectible. This makes no sense to me whatsoever.

Yet this is the argument of the other side, and my lawyer seems to be going along with it. Maybe my lawyer doesn't want to do the hard work of arbitrating this out and instead he is using this false argument as an excuse to settle now.