Quick Question...Can a creditor call my employer and inform them that I filed for BK?

[busbis]

This doesn't sound right, but one of my creditors who happen to be a credit union told a staff member (which is a very good friend of mine) that he placing a call into my CEO (I work for a credit union too) advising them of my bk. We never told my employer and are paying the trustee outside the plan. His reasoning is that he fells they have a right to know, even if I don't owe my employer money. Can he do this? I leave in GA, so I don't know if debtors rights are different, but I need to figure out what to do.

[busbis]

Sorry, I found my old thread. It looks like this is coming to head so it concerned me.

[HHM]

Problem is, BK's are not private information.

Is it unethical, probably...is it illegal, probably not. Their defense is simply that, BK is public information and this is just one person talking to another.

A creative lawyer might be able to craft an FDCPA violation, or a violation of the automatic stay claim. That by this person telling your employer, is a veiled attempt to gain leverage to collect a debt.

[aa06a47]

busbis, I personally believe what one of your creditors is doing is horse crap, however, there is probably not a law against it as it is pubic information.

[SANRA308]

Yes you could also argue that the information was used in an atempt to do harm. Passing on the information to your employer in the hopes that you will be repremanded in some way, however it would probably just cost you alot of money that you dont have to fight them. There are also people out there who have nothing better to do that look people up to see if they have filled. There is a guy at my husbands job who loves to tell everyone about the BKs he looks up, becuase he feels its stealing and people deserve to be treated as thieves. Maybe this person at the credit union is like minded. If only we could all be as perfect.

[Flamingo]

The man who placed the call is the kind of person who enjoys putting others down to make himself feel better so he loves to report other people and their BKs. It would be considered gossip in this situation and there is nothing you can do because the information is true and is public information. Unfortunately, there is nothing you can do as your BK information probably was also published in your local paper - you have no recourse against that either. It's just a shame there are people like that....

[jgarton244]

I would consider a couple of options. First would be to let your employer know you are in BK. I held an upper management job as VP of Purchasing for a fairly large company. Obviously, there could be some concern that my position could allow quid pro quo for awarding someone a contract. I like to think my reputation and business ethics over the years precluded anyone thinking I may have done this. I told my CEO, my Sr. VP and HR Director of our BK 13. As you, I emphisised we were in a 100% payback. I was acyually surprised to find others at my workplace, who were also in BK.

Second, would be to have your attorney send this SOB a letter stating that this may be construed as illegal action in debt collection under the current law. If your employer is notified, and any umfortunate circumstances arise from this contact, you now have a solid piece of evidence to take to court for remedy.