Can they do this? Can a creditor call my employer about my bk?

[busbis]

I am from a very small town so when I filed and my creditor got notice (which happened to be my former employer), they told the a friend of mine who still works there that they will be contacting my new employer. I can not let my new employer find out. I know it is public record, but they would never suspect unless it was brought to there attention. They would however tell me if/who told them, but can the creditor call my employer?

[poorme]

The bankruptcy stay precludes a creditor from taking any action whatsoever to collect the debt. Some may support the view that by 'spreading the word', the former employer is attempting to collect the debt via coercion.

[busbis]

it is the credit union industry so my creditor wants to inform my employer just in case they are not aware. I didn't think they could do that. My employer is not a creditor.

They have also spoke about doing a bond claim for any loss since I used to be employed there. How can they do that?

[Scream2Death]

you should talk to an attorney to see if you can file a lawsuit for aggressive methods

[FreshLikeADaisy]

Umm, if it were me -- and you do what you need to do -- I would start with a very strongly worded letter, very much in the same form as other cease & desist letters, but with somewhat different wording. I would say something to the effect of, "On December ___, I was informed that it is the intention of ________[your company's name here] and your representative(s) ________[the jackass(es) who's actually saying he's going to do this] to contact my current employer and notify them of my bankruptcy in an effort to position yourself more effectively to file a claim against myself or my bankruptcy, even though I owe you nothing and I have never been notified of any debt by you.

Per Section ____ of the U.S. Bankruptcy Code, it is a violation of the automatic stay to undertake ANY collection activities against me, whether you have a valid proof of claim or not. In addition, because your intent to contact my current employer does not arise from any claimed debt, valid purpose or even legal standing that I am aware of, and I have had no further contact or business with your company since I left your employ [edit this as necessary], I can only conclude that your true purpose is harassment.

You are hereby instructed to cease and desist contacting my current employer for any reason that references me, my current employment, my past employment at your company, or my bankruptcy.

I can assure you that if you fail to heed this letter, and you contact my current employer in reference to me or to my bankruptcy, you are inserting yourself into a business relationship that legally does not concern you, you are violating my privacy, you are violating the provisions of the automatic stay afforded me by bankruptcy, and you are in fact harrassing me. I have no doubt that a court will feel the same, given your lack of cause in this matter, and I will certainly pursue every remedy available to me by bankruptcy and civil law without delay.

Your immediate attention to this matter is appreciated."

Certified mail, return receipt requested, and don't direct it to the jackass you worked for or any other middle- or low-level manager. Send it to the director of legal services (the corporate attorney, whatever his office is called), the head of HR, and the CEO's office. Also, definitely name whatever person(s) you believe to be at the root of this. Trust me, this WILL rain down a shitstorm on the head of the person you name, small town or not.

If there is not enough shit rained to your satisfaction, or this creep does it anyway, then yes, take action. But I would try this first. Good luck!

[AboutToBK13]

To me, this sounds more like an individual that has a bone to pick with you as opposed to someone trying to collect a debt. Perhaps someone is upset that ou BK'd them (the CU) and wants to get you back by doing personal damage.

[Flamingo]

I am from a very small town so when I filed and my creditor got notice (which happened to be my former employer), they told the a friend of mine who still works there that they will be contacting my new employer. I can not let my new employer find out. I know it is public record, but they would never suspect unless it was brought to there attention. They would however tell me if/who told them, but can the creditor call my employer?

Many people do not realize, even if they live in a small town, that bankruptcies are published, usually weekly, in local newspapers. So if there is a newspaper covering your area of your state, it is quite possible your bankruptcy will appear in there after it is filed. Could be weeks, could be months after filing. Lots of people do not know this but it is public information just like they post marriage licenses, etc. So never say that anyone will not find out about your BK unless they were told. As to the situatoin with your former employer, living in a small town myself I understand your issue; since what you heard would be considered hearsay at this point, I don't think there is too much you can do unless they actually call your employer but then how would you find that out unless you confront your employer and tell them to tell you if they should call? Speak with your attorney who can correctly advise you on this one.

[keepmine]

I'd not send that letter. All it'll do is maybe tick somebody off enough to call your bluff.
Bk is a public record. If they wish to inform your employer, there's nothing you can do.
As it stands now, it's likely an idle threat. Let it alone and hopefully it'll go away.

[allavdj]

If you think that it might be bad if you current employer "finds out", I think I would ask for a meeting with your boss/supervisor/whoever and straight up tell them your situation. If you are open and honest, if this jackass does make a call, your people will already know and the phone call will mean nothing, which will probably just irritate the CU even more!

Oh, and they can't fire you just because you filed BK.

[RickInMich]

Many people do not realize, even if they live in a small town, that bankruptcies are published, usually weekly, in local newspapers. So if there is a newspaper covering your area of your state, it is quite possible your bankruptcy will appear in there after it is filed. Could be weeks, could be months after filing. Lots of people do not know this but it is public information just like they post marriage licenses, etc. So never say that anyone will not find out about your BK unless they were told. As to the situatoin with your former employer, living in a small town myself I understand your issue; since what you heard would be considered hearsay at this point, I don't think there is too much you can do unless they actually call your employer but then how would you find that out unless you confront your employer and tell them to tell you if they should call? Speak with your attorney who can correctly advise you on this one.

FWIW, our attorney told us they do not put bankruptcies in our local paper. I guess now that I think of it, I've never seen a listing of that either. Not saying it isn't published in other papers, though.

Rilbrianne is from my area. I'll see if she posts something different. Then I can add that to my list of worries.

[busbis]

I don't feel the need to really tell my employer. I work in a financial enviroment and my bk I would really like to keep on the downlow. Coming from the other employer, I know what there business practice has been in the past. I know they have NEVER called anyone's employer regarding a bk. I left about 3 years ago, I was an executive with them so I'm sure they are very shocked to see what happened. But with that said, they can't treat me any different than anyone else who has walked in my shows from a consumer aspect. It would be different if it was there common practice to call all employers, but it would look like some sort of harrassment if they just did that to me. Wouldn't you agree?

I know in most cases bk are published in the newspapers. That is not the case in our town. So although I know its of public record, normally people would not find out unless they began to look for it.

[rrockinggramma]

I think it is a scare tactic to get you to pay them. As you are well aware Credit Unions are the worst to BK on. They are very aggressive in trying to get reaffirms and they cross collateralize. I would think that unless you lied on your application to the current CU you work for or you signed a statement about notifiying them of ever filing for BK etc that your current employer cannot do anything about it. In fact, it is against the law to be fired for filing BK. So if you have good evaulations etc, they would have to trump up other charges to use against you. I know it makes you nervous because we all go through that "what would they think of me" but I think you are ok and if they do call your new employer, sue them for defamation of character!!!

[DontBother]

I'm with FreshLikeADaisy on this. If it were me, I'd send a similarily-worded letter ASAP. To really make my point, I'd think about even having it professionally "served" to them.

[busbis]

Thank you all for your responses. I do owe this credit union unsecured money, but I am at 100% plan, so I am paying that back. I think they are a little p/oed because I am surrendering a 2nd home that may or may not be upside down in value. I just can't afford to keep it anymore. I have never lied on any of my applications and from any employer. The employer I work for now only ask if I ever filed for bk when I was hired 3 years ago and of course then my answer was no. But I figured I do not owe my new employer any money, so why do they even have to know. If the old employer does call, being that they have NEVER done that to anyone else, I will certainly seek legal advice. I just can't imagine they would do that.

Thank you all again for your responses. I felt so relieved when I filed, but now after hearing this from a friend/ex co-worker, my nerves are on end again. I don't think I have slept in the last 48 hours.

[FreshLikeADaisy]

Busbis, please keep in mind that when you work in financial services, your employer pulls your credit bureau periodically anyway. At some point, your employer WILL find out if they pull credit bureaus on their employees.

An easy way to find out if they do or don't, and how often, is to pull your own credit bureau, and/or speak with someone in your HR department. If you are in a supervisory position, you could even pose the question as though you were asking for an employee of yours.

I'm sorry I misunderstood this when I first answered your post. Good luck!