The Tenant Has Been Convicted Of A Crime
This one is a little trickier. First, you can never deny a tenant based on an arrest record, because innocent people can be arrested. You can, however, deny a tenant for a criminal conviction in some cases.
As a landlord, you cannot refuse to rent to a tenant just because they have a criminal record, but you can have standardized policies in place to refuse tenants with certain convictions that would put your property or other tenants at risk.
Note that some cities do not allow you to pull a background check during the screening process or reject a tenant due to criminal history, so be sure to check your local laws first.
To make sure youre not violating guidelines around screening based on a criminal record, learn about how to analyze tenant background checks.
Your Current Living Situation
If youre current on your rent, the automatic stay order put in place when you file for bankruptcy will prevent the landlord from evicting you . However, you must still pay rent, and when your lease comes due again, your landlord might not agree to extend it another term.
Understand that the longer it has been since your bankruptcy, the less impact the bankruptcy will have when a potential landlord evaluates your rental fitness.
If youre behind on your rent when you file for bankruptcy, its a different story.
- The landlord has an eviction order. If, however, your landlord obtained an eviction order in state court before you file for bankruptcy, youll have to disclose that information to the bankruptcy court in your bankruptcy papers. In most states, the automatic stay wont stop the landlord from moving forward with the eviction.
- The landlord doesnt have an eviction order. The landlord can ask the court to lift the automatic stay and allow the landlord to take action against you.
Learn more by reading Will Bankruptcy Stop an Eviction?
If I File For Bankruptcy Will I Be Able To Get A Job
In most cases, your ability to obtain employment should not be impacted by an insolvency filing, whether thats a consumer proposal or bankruptcy.; While in general you are not required to disclose that you have filed bankruptcy or a consumer proposal, some employers may ask if you are currently bankrupt as part of the application process. They may also choose to conduct an insolvency search or credit check as part of the hiring process. This is more common if you are applying for a position that involves significant financial trust.
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Can You File For Bankruptcy While Unemployed
Just lost a job. If you are filing for bankruptcy due to a loss of work, there are a few factors that will need to be kept in mind. For one thing, whether or not you qualify for Chapter 7 bankruptcy depends on if you fall below the median income in your state. If you file for bankruptcy shortly after you lose your job, and you had a decent to high income at this job, then you might be disqualified from bankruptcy. However, if you wait a few months, after your loss of income will be reflected in your filing, then you have a higher chance of approval.
Just got a job. A similar situation could occur if you acquire a new job shortly before applying for bankruptcy. Either of these circumstances could be enough to push you above your state’s median income, reducing your chances of qualifying for Chapter 7 bankruptcy.
What Kind Of Professional Jobs Are Affected By Bankruptcy
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.
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Will Bankruptcy Affect My Future Employment
When it comes to applying for jobs and potential employment, no federal, state, or local government agency can consider your bankruptcy when deciding to hire you. Only private employers retain the power to do so.
Jobs that require you to deal with money tend to be warier about hiring those who have filed for bankruptcy. Its also important to note that those private employers tend to do credit checks on job applicants and filing for bankruptcy would appear on your .
Cani Be Denied A Job Based On A Bankruptcy And Judgmentnoted On My Credit Report
Recently denied a job based on bankruptcy and judgment on credit report. Specifically asked about bankruptcy details: I can present his case to my supervisor but first Im going to need a current statement to confirm the current balance of the bankruptcy and history of payments from Of the criminal background and credit check the following was all that was mentioned: CREDIT: Civil Judgment Entered 2/2009 $9,000; Ch. 13 Bankruptcy entered 3/2009 $390,993. Decision was: We have reviewed your application and regret we are unable to appoint you. Can they do that? Isnt there protection for discriminatory treatment?
Asked on October 1, 2010 under Employment Labor Law, Texas
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Honesty Is Always The Best Policy When It Comes To Unemployment And Bankruptcy
Keep in mind, employers cannot run without your written permission. Youll always know if they are going to see your credit or not, so you can plan to share information about your financial situation. Many employers appreciate employees being upfront and are more likely to overlook financial problems if you are candid with them.
The important thing is to not let unemployment or your job hunt deter you from getting your financial situation back on track.
If I Ignore It It Will Go Away
Applicant held a significant and tardy debt to the U.S. Department of Education for two student loans. He chose not to repay these debts, hoping that it would just go away.
Eventually he made arrangements to start paying off this debt when he decided it was not going to go away. He also knew that he had to get his finances straight because of his job and security clearance.
Additionally, the applicant had an unpaid phone bill and ignored payments for over a year until he made arrangements to pay those debts. However, in the SF86 he responded no to the question, Are you currently over 90 days delinquent on any debt? He also failed to provide a list of debts. Clearance denied.
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Employee Rights And Credit Checks
If youre applying for a job, you have the right to be notified of an employer credit check before it happens. The company is legally prohibited from notifying you after the fact that theyve conducted an employer credit check.
You also have to sign a form saying that youve agreed to an employer credit check. Many companies get in trouble when they conduct a credit check without getting permission first.
Again, its not unheard of for a company to violate these rules, either by not giving you enough of a warning or by not asking your permission at all.
You have the right to say no to an employer credit check, though you should be aware that the employer then has the legal right to stop the application process too. If youre up for a promotion, your current employer has the right to conduct a credit check, even though youre already an employee. You can also deny this request.
When an employer sees something negative in a credit report, they have to give you a formal notice and a copy of the report. This gives you time to refute the information or state your side. They must give you a few days before deciding not to hire or promote you.
If they do decide not to hire you, they have to give you the name and contact information of the credit bureau they used. You also have a legal right to get a free copy of the report within 60 days.
What Information Is Stored In My Credit Report
There is a lot of information contained in your , however, potential employers are concerned with specific details that other users of your credit report may not consider. The information below is stored in your credit report and is available to anyone who checks your credit report.
- When accounts were opened
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Job Loss And Bankruptcy Should I File Now Or Later
Timing is important when facing Job loss and bankruptcy. The amount and type of debt you have makes a difference. Even the difference between renting or buying your home can have a dramatic impact on your choice.
The first question I always ask my clients is how long they expect they will be unemployed. In recent years, the answer is that job search takes two to ten times longer than it used to. Add Corona virus to the picture, and the answer becomes even more difficult. Still, you have to make the best estimate you can.
Create your disaster plan. What is your worst-case job replacement scenario? What can you afford not to pay, and suffer the least serious consequences. This is not the time to worry about your credit score. Food, shelter and transportation are the most important things to pay. All else has low priority.
For extended planning, if you own your home, you can request a forbearance. See if your car loan can be extended. Dont worry about credit cards and personal loans for now.
Hold out as long as you can. See a bankruptcy specialist to make a plan. But, you might want to old off as long as you can, ideally until you income is replaced, before you file. That way you can wipe out all the debt you have in your bankruptcy.
Looking for More Articles on Bankruptcy?
Looking for more insight and articles on Bankruptcy? Head over to the Bankruptcy Learning Center for more information.
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The Effects Of A Chapter 13 Dismissal And The Automatic Stay
You also need to;understand that refiling after a dismissal may also affect the automatic stay, which is very important because of its role in protecting debtors from collection actions during a bankruptcy. ;If your previous case was dismissed within the previous year, and you file for the second time, the automatic stay will only last for 30 days.
If you want this protection period;to last longer than 30 days, your New Jersey bankruptcy lawyer can help you file a motion to extend the stay. ;Since the stay will only last for one month without a modification, this motion should be filed as soon as possible, ideally within several days. For the order extending the automatic stay to be granted, a debtor must show to the satisfaction of the court that there was a significant financial change in circumstances that will allow the new case to be successful. For example, if the reason you were unable to make payments in the previous case was because of a job loss, then a new job, even if the income was the same, would constitute a change in financial circumstances. The following are some other common examples.
- An increase in salary, hours, or overtime
- An additional job
- Additional contributions from family members or friends
- A decrease in the total debt
By comparison, good faith means a debtor acts with honesty and sincerity, and doesnt abuse the bankruptcy system for personal gain. ;To maximize your chances of being interpreted;as acting in good faith:
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Can Your Bankruptcy Discharge Be Denied
For most people who file bankruptcy, discharge is the goal. In exchange for that discharge, the bankruptcy system requires that a Chapter 7 or Chapter 13 debtorthe person who files a bankruptcy casegive up nonessential assets which will be distributed to creditors to satisfy debts. Filing for bankruptcy, giving up assets, and then losing your discharge can happen, so it’s important to follow legal advice and be upfront about everything involving your case.;
Failure To Take Financial Courses
Under all types of bankruptcy, you must complete a personal financial management course before your bankruptcy is filed and again during the case that must be completed before your bankruptcy is discharged. These are court-ordered courses and, like any court order, if you fail to comply, you can have your case dismissed.
Having your Chapter 7 bankruptcy denied can have serious consequences. You will become immediately liable for all your debts. In the case of fraud, the trustee may also be able to administer non-exempt assets, which means you could lose your property and still owe your debts.
It is critical that you are open and honest with your attorney throughout your bankruptcy process in order to avoid doing anything where your Chapter 7 bankruptcy could be denied.
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What Is The Fair Credit Reporting Act
The Fair Credit Reporting Act is a piece of legislation that dictates what employers, insurance companies, landlords and other third parties are allowed to see when they look at your credit report. It also shows what rights you have when it comes to letting outside parties look at your credit report.
The FCRA provides both prospective and current employees with several legal rights. First, the employer has to make it clear that theyre asking your permission to look at your credit report. You have to sign and authorize this clearly.
They cant hide this disclosure or request with other application materials or forms, though there may be some exceptions.
For example, according to the Consumer Financial Protection Bureau, Written consent generally is not required in the trucking industry.
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.
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Md Member California And New York Bar / Freeadvice Contributing Attorney
Answered 10 years ago | Contributor
I’m afraid that you have no legal recourse here for employment discrimination.; The reason is that most employment relationships are what is known as “at will”; meaning that you can choose to work for an employer or not and an;employer can hire or fire;you for any reason or no reason.; While seemingly unfair;such action is perfectly permissible under the law.
The exceptions to the;foregoing would be if this action violated official company policy, a union agreemnt,;or if discrimination was a factor.; However, workplace discrimination has to do with unfair treatment based on your being in what is known as a “protected class”. For example, if; you were discriminated against due to your race, religion, national origin, gender, and like classes. Unfortunately, having filed for bankruptcy does not afford you protection under the law insofar as employment is concerned .
Looking For A Job After Filing For Bankruptcy
Your job search might be one of the most stressful times in your life. Job hunting and all that goes with it is challenging for even the most motivated and accomplished person. If youre struggling financially, the process becomes downright miserable.
The good news is you arent alone.
Many people in the job market are also in the middle of filing for bankruptcy. Job loss is one of the most common reasons people file for bankruptcy. So in most cases, no, bankruptcy will not affect your ability to find work. If your employer even finds out you filed, they are unlikely to hold it against you if it doesnt interfere with your ability to do your job.
In some cases, employers are legally restricted from holding bankruptcy against you.
According to the Bankruptcy Code, federal employers cannot deny you a job based on bankruptcy. If you have a job and you file, no employer can terminate you for filing. You can learn about the protections available to employees here.
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Will You Lose Your Job
No employer government or private may fire you because you filed for bankruptcy. Nor may an employer discriminate against you in other terms and conditions of employment; for example, by reducing your salary, demoting you, or taking away responsibilities because of your bankruptcy.
However, if there are other valid reasons for taking these actions, the fact that you filed for bankruptcy wont protect you. In other words, an employer who wants to take negative action against you can do so provided there are other valid reasons to explain the action such as tardiness, dishonesty, or incompetence. But if you are fired shortly after your bankruptcy is brought to your employers attention, you might have a case against the employer for illegal discrimination because of your bankruptcy.