QUESTION
Can I be terminated for filing bankruptcy if my employer is also a creditor?
Asked on Apr 01st, 2012 on Bankruptcy - Mississippi
More details to this question:
I'm concerned about filing chapter 13 bankruptcy due to the fact my is one of my creditors. I'm aware of the law; however, I also know they can pretty much do as they please without proof of this being a reason of termination. Is my best option trying to pay this debt off before filing to avoid any consequences for filing? I am also aware that because I'm filing a chapter 13 they will most likely know about it which isn't really a concern. Im just not sure if they would discipline me because they are affected by the bankruptcy as well?
4 ANSWERS
It is illegal to fire somebody because of bankruptcy.
Answered on Apr 11th, 2012 at 12:26 PM
Bankruptcy Attorney serving Livonia, MI
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Charles J. Schneider, P.C.
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Generally you cannot be discriminated in a private employer situation just because you file bankruptcy. If you feel that it may be hard to prove you may pay it off and wait 90 days and avoid voidable preference issues.
Answered on Apr 04th, 2012 at 10:19 AM
John R. McNeal
Mississippi is an at will state, meaning your employer can fire you for any reason or no reason, unless you have a contract or agreement to the contrary. Your employer(creditor) would be foolish to fire you and force you into a chapter 7 filing. This would mean he would not get paid if he was unsecured. In a chapter 13, he will get paid in the plan, the amount depending on the total debt and the amount of income available to pay into the plan.
Answered on Apr 04th, 2012 at 10:16 AM
Chapter 7 Bankruptcy Attorney serving Clinton, MS
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Timothy Kevin Byrne Attorney at Law
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No, but you can be terminated in Mississippi for other reasons.
Answered on Apr 03rd, 2012 at 4:17 PM