can my employer do that??

[jessegirl]

Is my employer notified if I file chapter 7? Also, can I be fired for claiming a BK7?

[FreshLikeADaisy]

Per federal bk law, you cannot be fired simply for filing bk.

Your employer is notified directly only if you list them as a creditor in your filing. However, even if you don't, they will know it if they ever pull a credit bureau on you, or do a background check on you for any reason (many employers do this as a routine matter). In addition, bk notices are published in a local paper: it could be some tiny legal publication or it could be the main fishwrapper, but it will be publicly posted somewhere. And the case itself, as embarassing as it may feel, is public record.

So... don't be surprised if your employer finds out. But if they do, it shouldn't be a problem for you at all. Good luck!!!

[Priceless ProSe]

Is my employer notified if I file chapter 7? Also, can I be fired for claiming a BK7?

I agree with daisy. They may or may not find out, but even if they do they cannot fire you just for this.

[chloe0724]

It also depends on what it is that you do for a living. I work in the finacial arena and I had to be very proactive with notifying my compliance officer about my BK and why we are there.

[Brookamy]

Oh man. I pray no one from work finds out....

[PoorGrammyinBK7]

I just opened a job application form online for my husband - and it asked if you had ever filed bankruptcy! Is that legal? Or do smaller employers get away with that?

[Flamingo]

I just opened a job application form online for my husband - and it asked if you had ever filed bankruptcy! Is that legal? Or do smaller employers get away with that?

Yes it is legal - just as they can ask you if you were ever arrested. Don't answer no if you filed because they can easily search it (as arrests) as it is public information. Most employers in today's world run criminal and credit background checks and the best thing to do in a BK situation is to be honest about it. They cannot ask you any questions that could be discriminatory (i.e., your race, your religion).

[Flamingo]

Is my employer notified if I file chapter 7? Also, can I be fired for claiming a BK7?

You employer will not learn about your Chapter 7 unless they (1) saw it listed in your paper, as many BKs are published, (2) you tell them, or (3) they find out from someone else who knows you filed. If you have an employment contract with your employer, many list clauses indicating that if you file bankruptcy during your employment, you must inform the employer. That is usually for those higher on the ladder. You cannot be fired for filing BK during your employment.

[jessegirl]

Where do they post it in the newspaper? Ya know its funny that they can post personal stuff like that but you cannot get your spouses medical information, or talk to a creditor without there written consent. ...WOW..

[Flamingo]

Where do they post it in the newspaper? Ya know its funny that they can post personal stuff like that but you cannot get your spouses medical information, or talk to a creditor without there written consent. ...WOW..

It depends on the newspaper...in our major newspaper which covers most of the state, BK's are listed in the Business Section every Monday right in the same area as all the stock and other business information. They list the type of Chapter filed, names of filer(s), amount of assets and amount of debt in the filing. They also list the town/city in which the filer(s) reside; no street address.

[Cali]

It depends on your job. If you work for a bank or some company that requires high security clearance, they can find out.

[pdxgrrrl]

Listing your employer as a creditor

From what I've read, one's employer can't fire someone for filing for bankruptcy. What I'm wondering is if this law extends to people who have to list their employer as a creditor in their petition. Does anyone know how that works?

[Lookadat]

But, if your like me, every job I have applied for I was asked if I could "PASS" a credit check. Well coach, if I can swallow it, I can "PASS" it. We should invent a secret handshake so we can recognize eachother in the unemployment line......

[AlreadyFiled]

Where do they post it in the newspaper? Ya know its funny that they can post personal stuff like that but you cannot get your spouses medical information, or talk to a creditor without there written consent. ...WOW..

they post it under "special notices" in our local newspaper....this section has become quite large...

it is public information so they are allowed to post it.... anyone can find out.

but you shouldnt ever be fired because of a bk

[JRScott]

Folks you shouldn't necro 1 year old threads.

You cannot be fired for filing bankruptcy, however many states today have right to work laws wherein you can basically be fired at will by employer, so if they want to fire you they'll find a reason other than bankruptcy. Not want you to be afraid but it is the reality.

If your employer is also a creditor I suppose it could affect future promotions etc, but they still can't fire you solely for the bankruptcy. If you are required to be bonded though and the firm your company uses now refuses to bond you then you could be moved to another position etc where it is not require or let go because you cannot meet the bonding requirement.

If asked if you could pass a credit check, it is best to just go ahead and mention that you had a bankruptcy on xxx date. Then explain why you had to file the bankruptcy. Far better you tell them face to face then they find out when they pull your credit report and then just draw their own conclusions.