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    Employer received letter of stay

    The payroll clerk in my office showed me a letter she received for another employee. It was a letter of stay for a Chapter 7. If I file for chapter 7 will they send the same thing to my employer. Obviously she is a big mouth and judgemental about bankruptcy. Is there a way for me to avoid my employer finding out about my filing? I can't believe she is in charge of 200+ employees. We have a main payroll dept. in another state but the files are kept in each building.
    filed 10/5/09
    341 11/5/09 score 450
    discharged 1/5/2010 score 550

    #2
    Originally posted by merlotwaytogo View Post
    The payroll clerk in my office showed me a letter she received for another employee. It was a letter of stay for a Chapter 7. If I file for chapter 7 will they send the same thing to my employer. Obviously she is a big mouth and judgemental about bankruptcy. Is there a way for me to avoid my employer finding out about my filing? I can't believe she is in charge of 200+ employees. We have a main payroll dept. in another state but the files are kept in each building.
    Your employer should not be notified unless you list them as a creditor.
    Chapter 7 07/30/2008
    341 09/17/2008
    Discharge 11/21/2008

    Comment


      #3
      Sounds like the lawyer (or the debtor), put the employer on the Creditor's Mailing Matrix. You don't need to do that, unless your employer is also your creditor or some weird thing is going on.

      I've never heard of an employer receiving the notice of petition. Now, in Chapter 13s, the employer may receive a wage deduction order... which is a different thing.
      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


        #4
        TEW is correct; the other employee either listed the employer as a creditor OR there was a wage garnishment going through that was handled by payroll. The payroll clerk should be fired, in my opinion - is there anyone to whom you can report her? It is NOT her business to be spreading around other people's financial information.

        Comment


          #5
          Or if you have a wage garnishment and need to stop it. Your employer will get the order for the wage garnishment and it's up to you to send them the case number and notice of automatic stay to stop the garnishment.
          12/05/08 - filed pro se
          01/27/09 - case dismissed and closed - 02/24/09 - case reopened and dismissal vacated
          04/01/09 - new 341 scheduled
          6/02/09 - DISCHARGED!!!

          Comment


            #6
            that payroll clerk should be terminated. Information like that should be kept confidential and not shared with other employees.
            Chapter 7 filed 10/21/2008
            341 - 11/26 went smooth NO ASSET
            Took 115 days after 341 - But Finally DISCHARGED 3/25/09

            Comment


              #7
              Originally posted by relief13035 View Post
              that payroll clerk should be terminated. Information like that should be kept confidential and not shared with other employees.
              I agree with 'relief', this employee NEEDS to be terminated! She is violating the law by disclosing personal AND confidential information about other employees! Please report her.
              May 2008 Hired 1st Attorney/Stopped paying CCs
              May 21, 2009 Retained 2nd Attorney
              May 28th - Filed for Ch 7 (FINALLY!)
              9/11/09 - DISCHARGED!!!!

              Comment


                #8
                Originally posted by merlotwaytogo View Post
                The payroll clerk in my office showed me a letter she received for another employee. It was a letter of stay for a Chapter 7. If I file for chapter 7 will they send the same thing to my employer. Obviously she is a big mouth and judgemental about bankruptcy. Is there a way for me to avoid my employer finding out about my filing? I can't believe she is in charge of 200+ employees. We have a main payroll dept. in another state but the files are kept in each building.
                May I ask why this payroll clerk in your office showed you specifically a letter she received for another employee's bankruptcy? Was this out of the blue or have you been asking specific questions? The payroll clerk has violated the confidentiality agreement with her/your employer and should be fired. The employee who was the subject of the letter you viewed could sue the company for that clerk showing you that letter. To protect yourself, you should go to your supervisor or boss and explain what happened here before it gets twisted around by your payroll clerk. Employers are not usually contacted in a Chapter 7 unless there is a specific reason for them to receive any notification and can be contacted in a Chapter 13 if there is a wage order to be put into place.
                _________________________________________
                Filed 5 Year Chapter 13: April 2002
                Early Buy-Out: April 2006
                Discharge: August 2006

                "A credit card is a snake in your pocket"

                Comment


                  #9
                  Thank you

                  You really eased my mind. I brought up bankruptcy as a fishing expedition of sorts. I wanted to hear her opinion on the subject. Well I got it. Our opinions differ. In the interest of preserving my own position at the company I can't squeel on her. It's a good thing she doesn't work in the Pharmacy. The other employee must have had a garnishment for something before filing C7. I do have a credit card that was applied for through the company but it is with American express I get 2% cash back on my purchases at this company as does everyone else in America. Thanks so much for helping me.
                  filed 10/5/09
                  341 11/5/09 score 450
                  discharged 1/5/2010 score 550

                  Comment

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