Marion, AR asked in Bankruptcy for Arkansas

Q: Took former employer to small claims court for not paying last check, she then files bankruptcy. Can anything be done?

None of her other employees missed a check. She held check for over 3 months. We filed in small claims court. When she came to court, she told the judge she had his check, but filed for bankruptcy. Judge would not hear anything else. Bankruptcy has been discharged. Can she be held accountable thru A.C.A. 11-4-405. (Payment on discharge) criminally?

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1 Lawyer Answer
Timothy Denison
Timothy Denison
  • Bankruptcy Lawyer
  • Louisville, KY

A: Everyone should have been given notice of the bankruptcy and an opportunity to appear. Employee wages are generally not dischargeable as a Schedule E debt.

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