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Can Filing Bankruptcy Affect Your Job

Heres How Bankruptcies Impact Your Credit Score

Will filing for bankruptcy affect my employment?

While bankruptcies on your credit report will always get factored into your credit score for as long as they are on there, the impact on your score lessens with each year that passes. So, you may see a dramatic drop in your score in the first month immediately following your bankruptcy filing, but by the end of the first year it could have less weight, and certainly less in later years compared to year one.

Your own credit profile will also play a part in how much your credit score is affected when you declare bankruptcy. Similar to how having a higher credit score can ding your more points if you miss a credit card payment, so, too, is the case if you file for bankruptcy. According to FICO, someone with good credit may experience a bigger drop in their score when a bankruptcy appears on their report than someone with an already poor credit score.

Estimates we found online from places like Debt.org show how people with different credit scores would be impacted by a bankruptcy filing. Someone with a credit score of 780 or above would be dinged between 200 and 240 points, while someone with a 680 score would lose 130 to 150 points.

Whatever the case, no one really benefits from filing for bankruptcy. Its an option of last resort that sometimes even those with good credit find themselves making.

How Soon Will My Credit Score Improve After Bankruptcy

By FindLaw Staff | Reviewed by Bridget Molitor, JD | Last updated June 30, 2021

You can typically work to improve your credit score over 12-18 months after bankruptcy. Most people will see some improvement after one year if they take the right steps. You cant remove bankruptcy from your credit report unless it is there in error.

Over this 12-18 month timeframe, your FICO credit report can go from bad credit back to the fair range if you work to rebuild your credit. Achieving a good , very good , or excellent credit score will take much longer.

Many people are afraid of what bankruptcy will do to their credit score. Bankruptcy does hurt credit scores for a time, but so does accumulating debt. In fact, for many, bankruptcy is the only way they can become debt free and allow their credit score to improve. If you are ready to file for bankruptcy, contact a lawyer near you.

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There Are A Couple Of Issues To Consider When Starting A Job After Filing For Bankruptcy First Will Your Bankruptcy Filing Affect Your Ability To Find A New Job And Second If You Do Find A New Job Will It Affect Your Bankruptcy Case

COVID-19 Update: Bankruptcy courts will hold 341 creditor meetings telephonically or by video appearance until 60 days after the termination of the President’s COVID-19 National Emergency Proclamation. For details, visit the U.S. Trustee’s 341 meeting status webpage or your court’s website. If you’re one of the many struggling with debt due to COVID-19, it’s best to develop a financial plan early. Learn about your options in What to Do If You Can’t Pay Bills Due to the Coronavirus or about bankruptcy for small businesses.

There are a couple of issues here: First, will your bankruptcy filing affect your ability to find a new job? And second, if you do find a new job, will it affect your bankruptcy case?

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I’m Filing Chapter 7 Bankruptcy When Can I Get A Job Again That Pays A Lot Of Money

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Bankruptcy And Your Future

How Bankruptcy Will Affect Your Career

At The Law Offices of John E. Mufson, clients sometimes ask us how filing bankruptcy will affect their careers. While each case is unique, we can make certain statements with certainty.

Your employer cannot fire you for filing bankruptcy. Doing so is a violation of federal law. However, there is nothing in federal or Florida employment laws that prohibit an employer from refusing to hire someone who has filed bankruptcy in the past. However, few employers run credit checks on job applicants.

If you have any doubt regarding the effect a bankruptcy filing could have on your career, contact The Law Offices of John E. Mufson. In a free consultation, John Mufson can review your situation and provide the guidance you need.

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What Kind Of Professional Jobs Are Affected By Bankruptcy

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Filing bankruptcy is a difficult decision, but it’s sometimes the best or only option. The repercussions of filing for bankruptcy can follow you for 10 years the length of time the information stays on your credit report, and could potentially affect employment after bankruptcy. Many employers check credit reports for new hires and when promoting from within, and certain jobs are more likely to be affected by a bankruptcy than others.

Will My Employer Find Out About My Bankruptcy Case

It is very unlikely that your employer would ever know that youve filed bankruptcy if you file a Chapter 7 case. Chapter 7 is the most common kind of case that is filed nationwide.

In Chapter 7, the court will require you to disclose where you are working and what your income is, but as long as you provide that information then there would be no reason for the court to ever contact your employer.

In Chapter 13 cases, it is not unusual for the employers payroll department to find out that a person has filed bankruptcy. Chapter 13 cases allow you to consolidate your debts into a payment plan that is managed by the court.

In the majority of Chapter 13 cases, the person who files a Chapter 13 case will make payments on their case through a payroll deduction. The Bankruptcy Court or Trustee can send the necessary information to your payroll department and they will automatically deduct your Chapter 13 plan payments the same way they deduct your income taxes or health insurance.

A Payroll Deduction issued by a Chapter 13 Trustee is NOT a garnishment. It is a completely different legal document that orders the employer to deduct a set amount from your pay and remit it at least monthly to your Trustee.

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How Corporate Bankruptcy Can Affect Your Personal Credit

As mentioned above, there are special circumstances in which filing for corporate bankruptcy could affect your personal credit. These circumstances include making personal guarantees on loans or credit and the companys tax liabilities.

Personal Guarantees

Its possible that when you apply for a loan or credit, the lender or creditor will require the corporate business owner to sign a personal guarantee for the credit. This is an agreement that you, as an individual, will take full responsibility for the payments.

Should you file for corporate bankruptcy, this debt then becomes your financial responsibility. If the debt is unpaid, it affects your personal credit.

Business Taxes

Unpaid business taxes are not typically cleared through corporate bankruptcy. This includes any taxes withheld from employee salaries or sales tax . You are personally responsible if you collect these taxes but fail to forward them to the taxing authority. This unpaid debt will directly affect your personal credit.

Can Bankruptcy Stop Millennials From Seeking Better Employment Opportunities

How Bankruptcy Affects Getting or Keeping a Job

Federal, state and local government agencies cannot consider your bankruptcy when deciding whether to hire you. However, private employers do not have the same constraints. In fact, private employers are likely to conduct a credit check and find out about your bankruptcy. How heavily the results of your credit check influence potential employers typically depends on the nature of the position.

Those who are interested in positions that handle money are more likely to have a difficult time finding employment in their field post-bankruptcy. For example, your bankruptcy may prohibit your employment in companies hiring for positions in banks, bookkeeping, payroll, and accounting.

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Bankruptcy And Your Credit Score

Your FICO credit score is often the most important determinant in whether you receive credit, how much, and at what interest rate. A higher score means that you can borrow more and at a lower interest rate. Filing bankruptcy can cause your credit score to drop dramatically. If a lender is willing to accept your credit application despite your low score, it is likely to be on less favorable terms.

FICO states that your payment history makes up 35% of your total credit score. It is possible that a bankruptcy filing will not cause a major drop if you already have an inconsistent payment history. Another 30% of your score is the total amount of debt that you owe, which bankruptcy discharge can actually help. However, it is rare that a bankruptcy does not damage your credit score.

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Security Clearances Bankruptcy And Employment

Many jobs require a security clearance. If you’re a member of the armed forces or an employee of the CIA, FBI, another government agency, or a private company that contracts with the government, you might have a security clearance.

Do you risk losing your security clearance if you file for bankruptcy?

Probably notand the opposite might be true. According to credit counselors for the military and the CIA, a person with financial problemsparticularly someone with a lot of debtis at high risk of being blackmailed. By filing for bankruptcy and getting rid of the debts, you substantially lower that risk. Bankruptcy usually works more in your favor than to your detriment.

How An Employer Might Find Out About Your Bankruptcy Filing

Bankruptcy

There are two main types of consumer/debtor bankruptcies.

You use a Chapter 7 bankruptcy if you dont have secured debts such as a home or such as priority debts that you need time to pay off but that you cant discharge.

Most people use Chapter 7 if they have credit card debt or debts due to medical expenses.

In a Chapter 7, you typically file the bankruptcy petition, attend a creditors meeting, and then about six months later your unsecured debts are discharged.

Normally, the court or trustee doesnt notify the employer.

Generally, an employer will find out about the fact that you filed for bankruptcy protection if they were already paying a creditor through an existing wage garnishment.

A wage garnishment generally arises when a creditor obtains a judgment against you.

Some states allow the creditor to garnish you wages to take a preset amount or a percentage of your pay, before you are paid your income.

If you file for bankruptcy protection in a Chapter 7, then the court or trustee or your lawyer will normally inform your employer that your debts have been discharged and that there is no more need to garnish your wages.

Since the employer knows your debts have been discharged and they dont have to do the paperwork to garnish your wages, most employers are actually glad that your financial burden is behind you.

If you file a Chapter 13, then you have to propose a plan to pay your secured creditors and non-dischargeable debts.

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The Carlson Law Firm Can Help Millennials

Choosing to file for bankruptcy can be difficult and involves many complicated considerations. We completely understand that student loan debt is often many millennials biggest hurdle. Although you cant get rid of student loan debt except in extreme situations, you can get rid of other debt that may be preventing you from making student loan payments. Youll want to consider whether or not you can avoid bankruptcy or how to preserve valuable assets if bankruptcy is your only option for debt relief.

If you live in Texas and believe that filing Chapter 7 or Chapter 13 Bankruptcy is the right step for you, contact The Carlson Law Firm. Vicki Carlson is an award-winning attorney who has improved the lives of numerous clients through her skilled bankruptcy work.

Can You Get Credit After Bankruptcy

Although it may be harder to find a lender willing to offer you a competitive product, there are still ways to get credit after bankruptcy. Some types of credit you could receive include:

  • Car financing. Chern says that its possible for a Chapter 7 debtor to finance a car the day after filing. Additionally, a Chapter 13 debtor may be able to finance a car while the repayment plan is still in effect, although the trustees permission is required after showing that the car is necessary to complete the debt repayment.
  • Conventional mortgage. Most experts say that it will take 18 to 24 months before a consumer with re-established good credit can secure a mortgage loan after personal bankruptcy discharge. Credit-impaired borrowers should prepare to pay interest rates that are 2 points to 3 points over conventional rates.
  • FHA-insured mortgage. Chapter 13 filers can get an FHA-insured mortgage if theyve made timely payments for one year and the debtor has received the courts permission. Debtors with a Chapter 7 bankruptcy discharge must wait at least two years after discharge and establish a history of good credit.

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Applying For Credit After Bankruptcy

As it can be difficult to get credit after filing bankruptcy, your personal relationship with a lender can be crucial. Having employees or management at a bank, a , or an auto lender who know, trust, and like you makes it easier to get an application accepted.

You rebuild credit after bankruptcy the same way that you build credit before one: with time and a consistent repayment history. If you believe you can continue to repay a preexisting debt during and after bankruptcy, consider a reaffirmation agreement with one of your creditors to help the process of rebuilding your credit score.

Prohibition Against Job Termination

Should You File Bankruptcy After Losing Your Job

Under the law, no employer, government or private, may terminate your employment solely because:

  • you have filed for bankruptcy,
  • you were insolvent before you received a discharge in bankruptcy, or
  • you have not paid a debt which was discharged in bankruptcy or will be discharged in a pending bankruptcy.

Your non-filing spouse’s job is also protected — the law specifically provides that the prohibition extends to people who are associated with someone who has filed for bankruptcy.

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Whether Filing For Bankruptcy Will Affect Your Security Clearance Depends On The Circumstances That Led To Your Bankruptcy

Updated By Cara O’Neill, Attorney

Filing for bankruptcy relief will not automatically prohibit you from obtaining a security clearance. But whether you have a history of financial irresponsibility will be considered during the evaluation process. As a result, whether your bankruptcy will affect your security clearance typically will depend on the circumstances that led you to file for bankruptcy.

Read on to learn more about whether filing for bankruptcy will affect your security clearance.

How Employers Find Out About Bankruptcy

Employers rarely find out about a Chapter 7 bankruptcy filing. But it can happen. Here’s how.

  • Stopping a wage garnishment. If you have a wage garnishment and you file for bankruptcy, your employer will find out. Your employer must receive notice of the bankruptcy to stop the garnishment . But, since your employer already knew you were under financial stress, it’s likely they’ll welcome the bankruptcy as a way for you to take affirmative steps to put your problems behind you.
  • Making Chapter 13 payments. In some, but not all jurisdictions, if you file for Chapter 13 bankruptcy, your employer is likely to learn of your bankruptcy case. The bankruptcy judge might order your Chapter 13 payments to be automatically deducted from your wages and sent to the bankruptcy court. In effect, your employer will be pressed into service as a sort of collection agency, to make sure you honor your Chapter 13 plan.
  • You owe your employer money. When you fill out your bankruptcy paperwork, you must list all of your debts. For instance, if you’re paying back a payroll overpayment, you’ll have to include it, and your employer will get notice of your bankruptcy case.

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