What to do if my husband is owed back wages and has a wage claim filed with the department of labor but his former employer has filed for Chapter 7?

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What to do if my husband is owed back wages and has a wage claim filed with the department of labor but his former employer has filed for Chapter 7?

He has not been named in the case. Do we: 1)contact the courts and have him added, or 2) wait until it is all over and pursue the wage claim after the bankruptcy is final?

Asked on June 24, 2013 under Bankruptcy Law, Illinois

Answers:

MD, Member, California Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

He needs to immediately file a claim with the bankruptcy court. You need to get the case information and pull up the form on the web, type it, print, sign and submit with proof back wages are owed. Then, contact the state and federal departments of labor and see if there is an insurance claim you can make for those wages. Once and if you get this money, cancel your bankruptcy wage claim.


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