QUESTION
Who will be notified if I file for bankruptcy? How?
Asked on Apr 21st, 2015 on Bankruptcy - California
More details to this question:
I'm considering filing for bankruptcy but am scared because of the stigma that bankruptcy carries. Who will be notified if I do file for bankruptcy? Will my employer be notified? That is who I'm primarily scared about.
9 ANSWERS
Commercial & Bankruptcy Law Attorney serving Powell, OH
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Ronald K. Nims
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Your creditors will be notified. Your employer is generally not notified. Since it's illegal for your employer to discriminate against you for filing bankruptcy, bankruptcy seldom affects employment.
Answered on Apr 22nd, 2015 at 5:59 AM
Only your creditors are notified. Plus the Credit Bureaus pick up on every BK filed by anyone.
Answered on Apr 21st, 2015 at 5:31 PM
bankruptcy Attorney serving Paul, ID
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Paul N. J. Ross Law, PLLC
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Typically an employer is not notified of your bankruptcy (unless you also owe them money). The bankruptcy notice typically just goes to all parties who you owe money. In a Chapter 13 there is more likelihood of an employer knowing that you filed due to a potential wage withholding order or something of that nature. But rarely in a Ch 7.
Answered on Apr 21st, 2015 at 5:30 PM
It is illegal for any employer to take any action against you for filing bankruptcy, but that is not to say that your fears are ungrounded. You control who receives notice of your bankruptcy, based on a mailing list of creditors that you provide. So it is unlikely that your employer will learn of your bankruptcy UNLESS you have to file under chapter 13 which requires a repayment plan, typically deducted from your paycheck. Your bankruptcy filing is a matter of public record, however, so anyone could find out.
Answered on Apr 21st, 2015 at 5:26 PM
Bankruptcy doesn?t have the stigma that it used to ? you would be surprised at the number of high income folks who have gone through bankruptcy. Obviously your creditors, the IRS and your bankruptcy trustee are notified about your bankruptcy. Your employer is only notified if 1 ? you owe money to your employer, or 2 ? you need your employer to stop a wage garnishment, and only a bankruptcy notice will authorize this.
Answered on Apr 21st, 2015 at 5:25 PM
Bankruptcy is a public filing, so anyone could find out. That said, only your creditors will be notified so that they will no longer attempt collection. No notice would be sent to your work.
Answered on Apr 21st, 2015 at 3:14 PM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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Perhaps, and generally your employer will find out because, as a wage earner you will probably be a Chapter 13. Generally ALL of your creditors and debtors must be noticed in the proceeding. See an attorney and know what you are getting into before you act.
Answered on Apr 21st, 2015 at 3:03 PM
Bankruptcy Attorney serving Madison, WI
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Richard B. Jacobson & Associates, LLC
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In all cases the court sends out notice to all creditors and creditor includes people or businesses who claim you owe them money, even if you disagree. Your employer would be notified if you file under Chapter 13, because in that chapter you make monthly payments to a Trustee, who sends your employer a wage order. The Bankruptcy Code contains a firm prohibition against discrimination by employers against employees who file bankruptcy petitions: they may not refuse you a job (with some exceptions), they may not discriminate against you in regard to promotions or benefits, etc. Of course, a resourceful employer can come up with apparent reasons for an action in order to cover up their real intention to discriminate for whatever reason. But after 30 years practicing bankruptcy, I have seen few, if any, true cases of discrimination against employees for filing. Good Luck.
Answered on Apr 21st, 2015 at 2:44 PM
Complex Litigation Attorney serving Costa Mesa, CA
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Thomas Vogele & Associates, APC
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When you file a petition for bankruptcy, either under Chapter 7, 11 or 13, the only persons who receive notice of the filing are your creditors. That said, it is a matter of public record so if your employer finds out you filed it can get a copy of the petition from the Court's website. Sadly, many employers consider a person's creditworthiness as a factor in hiring or promotion, so keep that in mind as you decide what to do. Please make sure you speak with a qualified bankruptcy lawyer and ask lots of questions. You can receive referrals from your local bar association or from the Court's pro bono program. Good luck!
Answered on Apr 21st, 2015 at 2:06 PM