Recent Posts in Employment Category

Chapter 13 bankruptcy is often called a payment plan. In chapter 13 bankruptcy the debtor will make a monthly payment for either 3 or 5 years. The amount of the payment is reasonable based on the debtor’s income and expenses and not on how much debt the debtor has.

The debtor is required to have income. Unemployment income is enough to file. Of course unemployment does not last forever so the debtor filing with unemployment alone will need another source of income by the time unemployment runs out.

The report http://money.cnn.com/2010/01/06/news/economy/job_cuts/index.htm indicates that the amount of jobs lost in December 2009 where less than that of November 2009.

It is good news that there are less people losing their jobs; however, the article reports that still 84,000 jobs were lost in December 2009. Further 2009 looks to be a record setter in jobs lost for Americans.

After filing for bankruptcy a debtor is protected from discriminatory treatment because of the bankruptcy filing.

Section 525(b) of the Bankruptcy Code reads:

 “(b) No private employer may terminate the employment of, or discriminate with respect to employment against, an individual who is or has been a debtor under this title, a debtor or bankrupt under the Bankruptcy Act, or an individual associated with such debtor or bankrupt, solely because such debtor or bankrupt—

(1)  is or has been a debtor under this title or a debtor or bankrupt under the Bankruptcy Act;

(2)  has been insolvent before the commencement of a case under this title or during the case but before the grant or denial of a discharge; or

(3)   has not paid a debt that is dischargeable in a case under this title or that was discharged under the Bankruptcy Act.”

What does this mean for you?

Employers cannot fire you because you filed bankruptcy and potential employers cannot decide against hiring you because of your bankruptcy filing.

If you fear you have been fired or denied employment because of a bankruptcy filing then give the office a call and we can discuss you rights, you may even be entitled to money damages.