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Will my Bankruptcy Affect my Job?

  • Aug 31 2015

Many people who are planning to file for bankruptcy protection are concerned with how it will impact their job. Can you be fired for filing a Chapter 7 or Chapter 13? Fortunately, the answer is “no.” The Bankruptcy Code prohibits your employer from firing you solely because you filed a bankruptcy case.

You may also be concerned about whether your employer will discover that you have filed a personal bankruptcy. Although your filing is a matter of public record and anyone who is searching for your case information can find it, the reality is that most people will not make this effort. For more information about who will find out about your bankruptcy filing, please read our blog titled “Will “Everyone” know about my Bankruptcy Filing?”

The bankruptcy courts use the “PACER” system (Public Access to Court Electronic Records) to manage their filings. If somebody wants to view your bankruptcy records, they must acquire a PACER account and pay any fees associated with reviewing and printing your pleadings.  It is also possible for another party to go to the courthouse in person and ask to see your file. However, both of these options take time and can be a hassle, so most do not want to make the effort.

There are some states that publish legal notices of the hearings that are held in bankruptcy court, but the notices are typically minimal pieces of information and they are usually only read by lawyers. The information published includes the debtor’s name, case number and information about the hearing. Even if another party came across this type of notice, it would require further investigation to know what is going on in your case.

Finally, all of your creditors are given a written notification of your bankruptcy case. Thus, as long as you do not owe your employer money, they will not receive one of these notices. Remember, however, if you file a Chapter 13 case and your plan payments will be made by automatic deductions from your paycheck. Thus, your employer or whoever handles issuing paychecks for your employer will be given notice of your case.

Contact the Orange, Riverside and Alameda law firm of Fitzgerald Campbell, California’s premier debtor protection law firm. We can work with you to create a debtor protection plan and can work to halt harassment and reduce and eliminate debt. If necessary, we can help you file for bankruptcy protection. Contact us for a consultation by calling 855-709-5788 or emailing us at Info@debtorprotectors.com.

Posted in: Bankruptcy