Listed husband's employer as creditor

[November]

Hello all. I am a long time lurker, first time poster. I enjoy reading the boards and have learned a lot. I decided to post because I am really nervous about our situation.

We recently filed bankruptcy on 9/29/2009 and had our 341 meeting on 11/5/2009. When we first met with our attorney we stated our wishes to try to reaffirm a credit card issued by the bank where my husband works and our auto loans. Before the 341 meeting started, a rep from our lawyer's office had us sign reaffirmation paperwork for the auto loans and not the credit card. I was so nervous that I didn't even think about it at the time. I recently asked our attorney if the card was included in the bankruptcy and she said that it was.

My husband has recently started working some overtime and now we are wondering how it is going to look. Can his employer fire him or can they report to the trustee that he is working overtime and have the case dismissed? We truly wanted to keep paying on this for this very same reason. We are afraid that he will be fired.

Also wanted to ask, is it possible to continue to pay the credit card even though it was included in the bankrutcy?

Thanks,
November

[nerves]

I am assuming you are a chap 7. You can make arrangements with his employer to pay the debt after bk. It may be best for your husband to approach his employer with the issue to work out a resolution soon if it is your intent to pay the loan back. Best of luck to you and DH.

[BobMango]

By now, your husband's company knows about the filing, whether they have connected the dots is another matter.

From a legal standpoint, you can't be fired because you file bankruptcy. Could they manufacture some other reason? sure. If he's a good employee it's unlikely they will want to let him go over this, especially since you are planning on paying on the credit card. Not sure why you are concerned about the overtime? Is it that you think it looks bad that he's making extra money now, but filing?

There is nothing to prevent you from paying on a debt that was discharged. You don't legally have an obligation to do it, but many people do pay certain discharged debts. I am paying my family physician even though I had to list them in the bankruptcy. Not sure they'll retain us as patients, but they have been very good to us and I can't see making them eat this, even if they don't want us as patients any more.

[November]

Thanks

Thank you nerves and Bobmango. I will just continue to send in payments to his employer and see what happens. He has always received great performance reviews. The reason I am nervous about the OT is because of the extra income. OT at this company is rare and he is taking advantage of it to get us through christmas.

November

[nerves]

Since you have already filed, the extra income shouldn't be an issue. The trustee may ask if there has been a change in income. I would ask your lawyer how you should answer due to the limited OT. Since this is going to be a short lived event, it probably won't raise any red flags. Good luck to both of you.

[momisery]

Hubby had a cc where I work but I was not on it. They did of course check to see if I filed too since we are a community property state. But so far this place is so huge they have not connected the dots and probably won't. It is a dept in a whole different state than where I work that does the BK stuff. So, I hope no one finds out.