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Bankruptcy and Your Career

Consumers who are facing financial difficulty and considering filing for bankruptcy are often concerned how the process will affect their career. While there is legislation in place preventing employers from discriminating against individuals who have filed personal bankruptcy, public and private employers are held to different standards. Regardless of whether you work for the government or a private employer, federal law prohibits employers from firing an employee solely because they have decided to seek bankruptcy protection. However, filing for bankruptcy can impact your ability to get a job if you’re currently on the hunt for new employment. Section 525 of the U.S. Bankruptcy Code does not allow governmental employers to deny employment based on a bankruptcy filing, but does not expressly preclude private employers from doing so. Recent case law has held that private employers may consider bankruptcy as a reason for denying employment to a job seeker.

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Posted On: August 17, 2014

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Posted by: John O'Connor

Wage Garnishment Must Stop After a Bankruptcy Case is Filed; You Might Even be Able to Get Money Back

Bankruptcy Stops Wage Garnishment The minute a bankruptcy cases filed, an injunction called the automatic stay is issued, which prohibits creditors from trying to collect on debts that were included in the bankruptcy. The Ninth Circuit Court of Appeals has called the automatic stay “one of the most important protections in bankruptcy law.” The automatic stay…

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Posted On: May 11, 2014

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Posted by: John O'Connor

I’ve Found A New Job, Will I Still Be Able To File For Bankruptcy?

Does a regular paycheck disqualify a consumer from filing for chapter 7 bankruptcy? If you’ve read this blog with any frequency, you’ve undoubtedly seen numerous posts about bankruptcy reform and the means test. Indeed, much has been written about the means test, the vaunted gatekeeper to chapter 7 bankruptcy protection implemented by Congress as part…

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Posted On: February 28, 2014

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Posted by: John O'Connor

How Can I Tell if My Student Loan Debt is Dischargeable in Bankruptcy?

Last updated Oct. 27, 2017. The topic of student loan debt and bankruptcy: most every bankruptcy and personal finance-related website out there has written about it on numerous occasions. However, the rules are worth repeating because it is still an unreasonable area of the law that was created to address the concerns of a different…

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