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Can Bankruptcy Prevent You From Getting A Job

How Long After Bankruptcy Can I Get A Job

Bankruptcy – The Property You Get to Keep

Youre certainly allowed to look for a new job anytime during the bankruptcy process. You are not prohibited from switching jobs or conducting a job search when you file for bankruptcy. In some cases, it may not be a good idea for a person to make several big life changes all at once. Maintaining your current job until the bankruptcy is completed can provide you and your family with stability and an ongoing income. However, every individual and their family must do whats best for them.

Some tips for looking for a new job include:

  • Update your resume.
  • Customize your resume for each job posted.
  • Get your supporting documents organized.
  • Make a decision about what kind of job you want so your target is clear.
  • Research your target companies.
  • Update your online career brand, including your LinkedIn and Facebook pages.
  • Make phone calls, send email greetings, and generally activate your network of friends and professional colleagues.

If looking for a new job is part of your post-bankruptcy goals, then focusing on the future can be inspiring and invigorating. After all, the purpose of bankruptcy is to give you a fresh start for the future.

Our Team Can Address Your Concerns

At The Buchalter Law Group, our attorneys have decades of experience helping clients navigate bankruptcy and overcome financial hardship. We are fully prepared to help you understand both the benefits and potential risks of bankruptcy, and we can work together to develop a plan that works for you.

Give our office a call at or reach out to us online. All initial consultations are free of charge.

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Protection Is Limited When You Are Seeking New Employment

The bankruptcy laws also provide some protection for bankruptcy filers when they are being considered for new employment but it does not apply to all employers.

Government Employers May Not Refuse to Hire You

Like the prohibitions against termination and discrimination, a government employer cannot refuse to hire you, or any person associated with you, solely because you have filed for bankruptcy, you had been insolvent before receiving a discharge in bankruptcy, or you have not paid a debt that is dischargeable in your bankruptcy or has been discharged in bankruptcy.

Private Employers May Refuse to Hire You

In contrast, there is no similar restriction for private employers. Private employers do have the right to deny you employment based on your bankruptcy filing.

Many private employers require credit or background checks prior to hiring. Your bankruptcy will likely show up in these reports and a private employer can refuse to hire you because you have filed for bankruptcy, even if that is the only reason they are refusing to hire you.

And you may not be protected during an employment evaluation period. At least one appellate court has permitted a private employer to deny employment after a two-day paid evaluation period, solely because it found that the employee had previously filed for bankruptcy. In that case, the bankruptcy was discovered as a result of a background check authorized by the prospective employee.

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How Will Chapter 7 Bankruptcy Affect My Credit

Chapter 7 bankruptcy is the most common bankruptcy filing type in the United States. A chapter 7 bankruptcy does not involve a plan of repayment like a chapter 13. Instead, in chapter 7, the bankruptcy trusteean individual appointed to oversee bankruptcy caseswill gather and sell a debtors nonexempt assets and use the proceeds of such assets to claims under the provisions of the bankruptcy code.

Chapter 7 bankruptcy filings are typically much quicker than chapter 13 filings. It takes only 3-6 months from the moment you file to relief from your debts. While its true that a chapter 7 bankruptcy stays on your credit report for up to 10 years, missed payments, defaults, repossessions, lawsuits and other negative marks on your credit can be just as detrimental to your credit and your reputation.

During a chapter 7 bankruptcy, you will lose property that you own that is not exempt from sale. This means that you will lose some of your luxury possessions. However, some exemptions allow you enough so that most things you own will be exempt from bankruptcy. Also, you will get to keep the salary or wages you earn and the property you buy after your chapter 7 bankruptcy filing.

Can I Be Denied Employment Due To Bankruptcy

How to Keep Your House After Bankruptcy

Bankruptcy comes with a host of powerful benefits, but it can also have certain consequences. For example, it may prevent you from buying a home or taking out loans at low interest rates immediately after filing. These consequences fade significantly over time, but it is important to understand what short-term and long-term effects bankruptcy could have on various aspects of your life.

One question we often get from clients is whether bankruptcy will affect their future job search. Unfortunately, the answer is not a straightforward yes or no.

Generally, bankruptcy will not affect your current employment, although your employer may find out about it.

Your current employer could find out about your bankruptcy if:

  • You had a wage garnishment order that was halted by bankruptcys automatic stay
  • You filed Chapter 13 bankruptcy, and payments were taken directly out of your paycheck
  • Your employer is one of your creditors

Whether your employer is a private company or the U.S. government, firing you solely for filing bankruptcy is against the law. If you lose your job or receive a pay cut immediately after filing, you may have experienced unlawful discrimination.

Legally, you can refuse a credit check, but a private employer could decide not to hire you simply because you declined it. As such, being honest and upfront with a potential employer is most likely your best course of action.

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How Does Bankruptcy Affect Employment

Its intimidating to think that your current or future employer may discover a bankruptcy file in your records, especially when your follow-up thought is whether or not that impacts your ability to obtain work or keep your job.

The BIA states that an employer is not permitted to dismiss, suspend, or otherwise discipline an employee due to bankruptcy.

In many situations, your current employer does not need to know that you declared bankruptcy. Although, if your wages are being garnished, the LIT will need to contact your payroll department to advise of the bankruptcy in order to stop the garnishment.

In certain circumstances, you may be required to disclose this information to your employer. This would be the case if you have a professional designation and/or license and your association requires disclosure of a bankruptcy. As a result, bankruptcy may affect professional designations and licenses such as accountants, lawyers, mutual fund licenses, and real estate brokers.

Bankruptcy may also affect your application for new employment opportunities. Many new employers will run a credit check as part of the hiring process. In addition, employment that requires security clearance, in most cases, will include a credit check. Although, they will need your permission to do so. In the event of being asked to authorize a credit check in your search for employment, be upfront about what the employer will find in your credit report.

Can A Personal Bankruptcy Prevent You From Getting A Job

Personal bankruptcy? Kiss your dream job good bye

For quite some time, its been standard for financial, gaming and government employees to have their credit reports checked by their employers. After all, we dont want criminals working in the government .

But now, the Credit Police are infiltrating other industries as well.

And what really irks me is, they dont have the guts to just come out and say We dont want people with bad credit working for us.

No, instead theyre using September 11th and an increase in workplace violence as an excuse to check our credit reports. Thats pretty low.

Recently, pre-employment screening agencies have noticed a surge in requests for full background checks, which can investigate credit reports as well as criminal records, driving records, and employment and education history.

Alert Staffing reports that about 50 to 70 percent of all companies currently review credit reports, which not only reveal bankruptcies but also liens, judgments, and loan and credit card payment history.

The bottom line is that some employers believe that bad credit shows little responsibility and little regard for secrets. But, believe it or not, theres some good news in all this. First of all, the bankruptcy code prohibits employers from discriminating against applicants solely because of the bankruptcy. Also, job applicants and employees up for promotion are not obligated to tell a potential or current employer about their bankruptcy.

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How Does Bankruptcy Affect You

Unfortunately, however, potential employers still care about your prior credit missteps before declaring bankruptcy and theres nothing preventing them from using that as a factor in determining whether or not you will be allowed to work for their company. Increasingly, firms are looking into your credit history to see if you are a right fit for the company. This not only helps companies weed through huge application pools with relative quickness, it also allows them to identify potential theft risks: Employees with debts are among the most likely to steal from their employers. Unfortunately, these employees often have;debts;from gambling or drugs, things that will not show up on a credit report. So, while its sad to say, an employer might pass you over because you have a bankruptcy in your past, despite the fact that they arent technically allowed to do this.

What Happens If I Work Abroad

8 Crucial Mistakes to Avoid When Filing Bankruptcy

If you work overseas, bankruptcy has no bearing at all because it only applies to your finances in the UK. Under British law, you do not need to disclose bankruptcy to foreign employers. However, there may be legislation abroad, where you must disclose your bankruptcy. For more information, please read our article on .

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Tips For Securing Housing After Bankruptcy

Tell your story. While the thought may be intimidating, one of the best things you can do to improve your chances of securing housing is to have a candid conversation with a potential landlord. Being open, honest, and upfront about your situation will help build a personal connection with them. An initial conversation gives you a chance to provide context to your filing as well as explain the steps you are taking to make the most of your fresh start.

Show your rental history. A good track record is something to be proud of. Try presenting records from previously paid rents. If you were making timely rental payments consistently, it will give potential landlords more confidence in you.

Show your recent credit history. Building up a solid credit history shortly after your bankruptcy filing is another great way to show landlords that you are working to improve your situation. Your most recent credit history is much more relevant than older bankruptcy filings, so use this to your advantage and take steps to increase your credit score.

Offer references. And lastly, have references available that can vouch for your creditworthiness. These references can be previous landlords, employers, and roommates. Anyone who’s known you personally and can testify to your character makes for a good reference.

Will My Current Employer Find Out Ive Filed For Bankruptcy

As part of the usual bankruptcy process, your employer is not told that youve filed a bankruptcy. If they want to, they could do an insolvency search, but theyd have to have a specific reason to do so.

The only time your trustee will notify your employer that you have filed a bankruptcy or consumer proposal is if you are facing a wage garnishment and want it stopped. In that case, your Trustee would notify your employers payroll department to put a stop to the garnishment deductions taken from your paycheque.

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Can Bankruptcy Affect My Job

The Truth About Bankruptcy and Your Career Filing for bankruptcy brings along many concerns, one common concern being the impact it may have on your career. This article will explain the main downsides of filing an assignment in bankruptcy, whether or not it can affect your employment, and what may be a better and safer

Consider A Consumer Proposal

Will bankruptcy keep me from getting a job?

Many concerns regarding the impact of a bankruptcy on employment do not apply in the case of a consumer proposal. A consumer proposal is a repayment arrangement made with your creditors, to repay a portion of what you owe.

In fact, professional designation holders often file a consumer proposal as an alternative to bankruptcy. Since someone who has entered into a repayment arrangement through a consumer proposal is not bankrupt, they are generally excluded from professional guidelines. As such, a proposal can often solve some of the situations that arise in terms of your employment and looking for debt relief solutions. However, any professional should first check any regulations with their professional designation body or society.

Unlike in a bankruptcy, a consumer proposal filing can also allow you to hold director or executor roles.

Every situation is unique, which is why it is important to discuss your personal debt relief needs with a Licensed Insolvency Trustee. Your trustee will carefully review your financial situation and provide you with the best course of action without unduly affecting your employment.

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Please Note That This Is Not An Exhaustive List And There May Be Other Roles That Could Be Affected

You may be able to work for a commercial bank, but this could depend on the bank you want to work for. Each bank will have their own policy, some roles will be regulated activity and cannot be undertaken by a person who is bankrupt. If you already work for a bank then you may need to check your terms of employment and speak to your banks confidential help line to see if your employment is at risk.

Some common examples of jobs not affected by bankruptcy include:

  • Criminologist
  • Bus Driver
  • Black cab driver in London

You should also be aware that each individual employer sets the criteria for the position they are offering and has to comply with various pieces of legislation, as an example equal opportunities, when they advertise and employ someone. There will be many types of jobs advertised that are not available to someone who is bankrupt or has been discharged from bankruptcy, but there isnt a list of employers that you could refer to other than the details in the Insolvency Act.

Please note some professional bodies, such as chartered accountants or solicitors, may have rules prohibiting membership and you cannot enlist in the armed forces as an undischarged Bankrupt.

If youre worried about your finances and seeking an alternative to bankruptcy, government-approved debt help can allow you to write off unsecured debt and stop creditor pressure.

Can I Still Be Bonded If I Declare Bankruptcy

If you are an undischarged bankrupt, it might also be hard for you to get bonded. If you handle money for clients as a part of your employment, your job might require what is known as a fidelity bond. Fidelity bonds protect your employer from a loss for their clients as a result of an employees behaviour. Being an undischarged bankrupt can make it difficult to be bonded if this is a job requirement. If you are unable to be bonded, an employer may choose not to hire you for these types of positions.

As an undischarged bankrupt, you can also be prevented from holding certain roles such as a director of an incorporated company, a credit union, a co-operative, or a condo corporation.

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Do You Have To Tell Your Employer About Your Bankruptcy

Generally, you don’t have to tell your employer if you go bankrupt. However, you should check the terms of your contract of employment carefully to see if it says anything about you having to tell your employer if you go bankrupt. This is particularly likely to apply to you if you work in a financial organisation or role.

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Employer Motivation Is Key To Protection

The key to the protection is that the prohibited action must be “solely” based on the fact that you have filed for bankruptcy. The bankruptcy laws will not prevent you from being fired for other reasons nor will they prevent you from being laid off or terminated if you company is downsizing or reducing its workforce in an otherwise legally acceptable manner. Of course, if not everyone is being laid off or terminated and you are chosen just because you have filed for bankruptcy, it is prohibited.

Can I Employ People When I Am Bankrupt

The Insolvency Technical Manual states: Where a bankrupt has employees the Official Receiver must terminate employment with effect from the date of the order. Whether or not the business continues to trade.A standard notice should be sent to every employee who may have a claim for wages, holiday pay, payment in lieu of notice etc. or in respect of redundancy, The OR will then issue employees with a standard letter and the booklet Redundancy and Insolvency, A Guide for Employees, which contains a claim form.

A discharged bankrupt can employ people.; But they may find it difficult getting credit in order to run a business. They cannot be a director of a limited company for 12 months. And may have further restrictions put on them. How you trade will be affected by the bankruptcy restrictions.

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