Can my ex employer claim my unpaid overtime wage judgment under a bankruptcy

Thank you for reaching out. It depends on the circumstances of your situation. Your employer’s assets and the type of bankruptcy filed ultimately determine if you will get paid. Unpaid overtime wage judgments may be subject to discharge in bankruptcy, meaning your employer may not be required to pay the overtime wages. Colorado law, specifically section 42-7-402, explicitly states that a discharge in bankruptcy relieves the judgment debtor from requirements related to certain judgments, which could include wage-related claims, unless otherwise specified. 

If the unpaid wages were earned during the six months prior to the bankruptcy being filed, you would have a priority claim in the bankruptcy proceeding, meaning your claim would be paid before the general unsecured creditors.  However, if there are no assets to pay, your claim would still be subject to the discharge provisions of the federal bankruptcy code.  Therefore, unless the unpaid overtime wage judgment falls under an exception to discharge, it would generally be discharged in bankruptcy.

To achieve the best outcome for your case, you should file a proof of claim and contact a bankruptcy attorney.