Employment Discrimination

[Law50]

Two more stupid questions from a newbie I am throwing to you guys before I get more conflicting info from attrnys. ( Seems the info I get here is far more accurate)

1) As a result of a bk has anybody experienced being passed over or not hired because of being in a chap. 13? ( besides not being able to be bonded) I worry about it affecting my future job prospects. Thanks

2) Is it illegal to sell a vehicle once you are in a chpt 13 and not report it as income to the trustee? Hubby says no, it is your personal possession, same as garage sale. My common sense says long way from garage sale....ofcourse you are obligated to report an extra $3,500 of any kind! Whose right? Gracias

[Flamingo]

As to your first question, there has been a TON of discussion regarding that subject in the forums...do a search on here on the subject. Briefly, know that most employers now pull credit reports and do background checks. Your BK could be an issue in the financial sector because it involves the handling of money, accounts or having access to others' banking, credit or other financial accounts. And in other sectors it may not affect you at all. Many posters on here over the years have given accounts on both ends. But you do need to know that it could be a deterring factor for any job especially if there is a lot of competition for the position and it comes down to them deciding who they want if the applicants have similar skills and experience; someone with the clean credit record could possibly get the position over the applicant with the BK. That's just the way it is/goes and the applicant is told that it was a tough decision but they went with someone they thought would be a better fit for their organization, etc., etc. Whatever you do, do not let a BK stop you from applying for a job. Just be open and honest about your situation if it comes up during an interview.

Note that it is against the law for one to be fired solely for filing bankrupcy while an employee.

[AngelinaCat]

Hi Law50:

Flamingo answered your question #1 quite well. I might add, that employers will also factor in age--even though they are not supposed to. But as Flamingo said, you will be given any number of reasons and VERY seldom will you be able to pinpoint something that you can pin a lawsuit to. Nor would you really be able to; you are Bankrupt, remember!

Question #2 You are correct. In a Ch13, you must ask permission of your trustee to either take on new debt, or sell an item that is part of the BK Estate. A garage sale where you sell a cookie sheet for $.0.25, or even a Gevalia Coffee canister for $15.00 on eBay is a far cry from what a vehicle will be expected to bring at fair market value.

Good luck to you!