can i claim overtime wages judgment in a bankrupcy

[imcamc]

i would like to know if any one can tell me if i can get a overtime wages judgment dismissed if i file chapter 7 or if there is any other way to dismiss it

[justbroke]

can i claim overtime wages judgment in a bankrupcy

I don't understand what you're asking.

[AngelinaCat]

Hello imcamc, welcome to the Forum. I have (1) merged your two identical posts/thread starters into one thread. Duplicate questions/threads in two or more different boards are not allowed because it is too confusing to the members trying to follow and answer duplicate threads.

And I have (2) moved your merged thread into the 'General Bankruptcy Talk' board, since it is not apparent whether you are or have filed Ch7 or Ch13, or will do so.

Please give more information about your situation so that we can try to help. Justbroke is one of our most knowledgeable members, and if he cannot make out your question, you need to clarify.

Thank you

[helpmeout]

i would like to know if any one can tell me if i can get a overtime wages judgment dismissed if i file chapter 7 or if there is any other way to dismiss it

You are an employer who violated labor laws and didn't pay the employees their overtime and they got a judgement that says you have to pay them, correct? If so, what you did may be considered fraud and is a violation of labor laws. Whether or not you would be able to dismiss what you owe to your employees is something that only a BK attorney can tell you for sure. But my guess would be no, you can't since you violated labor laws by not paying them OT to begin with.

[AngelinaCatHub]

OK, that makes more sense now. I haven't seen the OP return yet, I would like to know if your guess is what was on his mind. Sure is a new slant I haven't seen here before. 'Hub

[HHM]

If helpmeout's interpretation is correct, there is no line item exception to discharge for unpaid overtime. He may have some issue if he is facing Labor Board fines and penalties and could still face a fraud objection from the employees directly.

So, for something like this, the answer is, it depends. But you will need to shell out significant money to the "right" attorney to help you navigate a bankruptcy with this complexities and get you the most benefit out of your BK.

[Ifonly]

I don't know if the following would be true of all judgments but it would seem to make sense. When we included our back taxes in our CH13, we had a judgment for one year already assessed which included interest and penalties. The interest and penalties are usually treated as unsecured debt in a 13; however, these were treated as secured debt and paid FIRST (even over the attorney and the IRS). My understanding was that they were handled as priority debt and could not be adjusted in any way as they were part of a legal judgment. The BK could not "go back" and erase or change a judgment amount.