Can I have a bankruptcy and sexual harrassment lawsuit going on at the same time?

I was employed for 6 years and then “laid off”. There was documented sexual harassment against my employer. I am now filing a lawsuit against him. I had to file for bankruptcy since I was not working and a creditor attached my unemployment check. Is there a problem having both actions going on at the same time?

Asked on July 19, 2012 under Employment Labor Law, California


Stephan Math / Stephan Math, Law Offices of

Answered 8 years ago | Contributor

While I am not a bankruptcy lawyer, I have handled employment cases where the client filed for bankruptcy and what happens in that situation is that the trustee in bankruptcy who is responsible for martialing the assets of the filing debtor also includes the lawsuit as an asset and therefore, stands in the place of the client with respect to the litigation. I would advise you to confirm this with your bankruptcy attorney.

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