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BK7 and current employer

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    BK7 and current employer

    I know the law protects you from getting fired just because you filed bankruptcy, but does that extend to those whose debt is, in part, owed to their employer? DH works for a medical facility and, because our insurance only covers that facility in-network and our debt is largely medical, some of the debt we owe is to his place of work (though technically it isn't debt yet - it's two bills for recent procedures, but they total almost $900 so we can't pay them right away and we were told to list all amounts we owe no matter how old or recent). We would prefer his employer not even know we're filing, but I don't know how to avoid that in this situation.

    TIA!

    #2
    The short answer is that yes, it will protect him for "solely" filing bankruptcy. Some have speculated that the employer could find another reason. Another reason could be that they owe the employer a debt. However the law is written so that they are not allowed to fire you for discharging "any" debt.

    11 U.S.C. §525(b)... No private employer may terminate the employment of, or discriminate with respect to employment against, an individual who is or has been a debtor under this title, a debtor or bankrupt under the Bankruptcy Act, or an individual associated with such debtor or bankrupt, solely because such debtor or bankrupt—
    .
    .
    .
    (b) has not paid a debt that is dischargeable in a case under this title or that was discharged under the Bankruptcy Act.
    I have personal experience with this and my employer took no action. The debt was discharged.

    You are not going to avoid the employer's legal department and/or collections department from knowing about the bankruptcy. As you write, there is a debt and it must be included in your schedules and on the mailing matrix. This is only anecdotal but I have not read much about people getting fired for filing bankruptcy and owing the employer a debt that was both "dischargeable" and discharged.

    justbroke's study guide: if you're bored, look at In Re Norbert Majewski; in Re Muriel Majewski, Debtors,william J. Leonard, Trustee-appellant, v. St. Rose Dominican Hospital, Appellee, 310 F.3d 653 (9th Cir. 2002). While the debtor lost, the Judge was meticulous and concluded that had the debtor actually filed before the (medical) employer fired the debtor, then the debtor would have prevailed as they would have been protected by the provisions in the law.
    Last edited by justbroke; 04-04-2017, 08:48 PM.
    Chapter 7 (No Asset/Non-Consumer) Filed (Pro Se) 7/08 (converted from Chapter 13 - 2/10)
    Status: (Auto) Discharged and Closed! 5/10
    Visit My BKForum Blog: justbroke's Blog

    Any advice provided is not legal advice, but simply the musings of a fellow bankrupt.

    Comment


      #3
      You're awesome - thank you! It's reassuring to know he should be protected.

      Comment

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