Are you unable to pay your bills after you pay your living expenses each month? Are bill collectors and creditors contacting you at home and at work? Have you been threatened with a lawsuit to collect a debt? If you answered “yes” to any of these questions, filing bankruptcy will give you the peace of mind and the debt relief you need in order to recover from a financial crisis. Bankruptcy stops creditor harassment, wage garnishments, foreclosures, repossessions, and collection actions.
Some people may be anxious about filing a bankruptcy because bankruptcy still carries a negative stigma for some people. This is unfortunate because bankruptcy provides a fresh start for those who are struggling with debts they cannot pay. Bankruptcy helps people save their homes and other property while getting rid of debts so they can get back on their feet and on the way to a place of financial well-being. Allowing what others think, including your employer, should not keep you from doing what is in your best interest and your family’s best interest.
Bankruptcy and Your Employer
In most cases, your employer will not be notified of your bankruptcy filing. This does not mean that your employer will not find out about your bankruptcy filing. Bankruptcy filings are public record; therefore, someone who knows where to look can access the public records to discover you filed bankruptcy. However, most people are not aware they can access information regarding bankruptcy filings nor do they know where to look for the information. Information about specific bankruptcy filings is not widely available online as information is about other types of court cases.
If you owe money to your employer, you must list this debt in your bankruptcy case and your employer will be served with notice that you filed bankruptcy. In addition, if you file a Chapter 13 case and the plan payment will be deducted from your wages, your employer’s payroll department will be notified of your bankruptcy case so that your bankruptcy plan payment can be deducted from your wages and submitted directly to the Chapter 13 trustee by your employer. However, for most debtors, their employers never know they filed a bankruptcy case unless they choose to tell their employer themselves.
Can I be Fired for Filing Bankruptcy?
Some people are nervous about their employer finding out about the bankruptcy because they worry about losing their jobs for filing bankruptcy. The Bankruptcy Code prohibits an employer from firing an employee for the sole reason of filing bankruptcy. Furthermore, the employer is also prohibited from discriminating against an employee solely because the employee filed bankruptcy. For example, your employer may not decrease your salary, demote you to a lower position, or withhold promotions because you filed bankruptcy. Of course, if there are factors that justify these decisions other than the bankruptcy filing, that is a different matter.
If you are concerned about losing your job due to filing bankruptcy, you need to speak with one of our experienced bankruptcy lawyers. Our attorneys can discuss your concerns in detail to answer any questions you may have about how filing bankruptcy could affect your job.
Contact Our Office for a Consultation with an Experienced Illinois Bankruptcy Attorney
The bankruptcy lawyers of Pioletti Pioletti & Nichols represent individuals who need help solving their debt problems. We assist clients throughout McLean, Woodford, Tazewell, and Peoria counties by providing compassionate, competent legal services. Contact our office at 309-938-4838 to schedule your free consultation.
When you need the assistance of an experienced bankruptcy attorney in central Illinois, call Pioletti Pioletti & Nichols. We are dedicated to providing our clients exceptional service and support throughout the bankruptcy process.