Well, this is a hard one. In essence, it is a loan. So, yes, you can list it and it would be discharged. I would assume this would not please your boss and you would lose your job. I do not think they will fire and give you this as a reason but I am sure this would cause your problems at work.

Answer Applies to: California
Replied: 8/22/2010

Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.

Salary advances are generally dischargeable in bankruptcy. Exceptions to discharge are set forth in 11 USC Section 523 of the bankruptcy code, and the exceptions listed therein do not include salary advances. The issue is whether or not these advances might arguably fit in under sections of the code that include obtaining money by fraud or a false representation, or willful and malicious injury to another or the property of another. For specific advice about your matter, please call me.

Answer Applies to: California
Replied: 8/21/2010

Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.

Yes, unless your employer can show the court that you intended to file for bankruptcy at the time you took the advance.

Answer Applies to: California
Replied: 8/20/2010

Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.