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    #1

    question

    I have a credit account in the retail store where I am employed.
    How will this affect my position as a sales associate? I am not informing anyone I am filing chapter 13. Just a little worried....
    Tags: None
    #2
    They could fire you. They could see it as fraud.
    Filed 09/05
    Discarged 1/2/06
    Closed 1/13/06

    Comment

      #3
      question

      I had an account with the retail store long before I started working there.
      I would like to stay and work if I can. I didn't think a company would fire you for filing chapter 13. I would like to pay this company but my attorney advised me I had to include all creditors.

      Comment

        #4
        The reason your attny told you not to pay is due to the "$600 in payments within 90 days of filing" rule. Any unsecured Creditor that you pay in excess of $600 total within 90 days prior to filing, the Trustee is going to go after that money. When a Trustee goes after "Preferential Payments" there's an additional Court Hearing where you have to appear. You'd have to tell the Court everybody you've paid, Creditors that is, and how much, within the last 90 days prior to filing.

        Paying an unsecured Creditor anything out of the blue like that within 90 days of filing might risk having the Trustee go after the payment if you send in the money. Every time you have to appear in Court and answer questions, you run the risk of saying/telling something you shouldn't. Something that could cause the Trustee to dig deeper if he/she suspects there may be "hidden" assets or monies to tap. Your attny is just protecting your interests as far as your BK goes.
        Filed Ch 7 - 09/06
        Discharged - 12/2006
        Officially Declared No Asset - 03/2007
        Closed - 04/2007

        I am not an attorney. My comments are based on personal experience and research. Always consult an attorney in your area to address concerns related to your particular situation.

        Another good thing about being poor is that when you are seventy your children will not have declared you legally insane in order to gain control of your estate. - Woody Allen...

        Comment

          #5
          It is against US federal law for your employer to fire you for filing chapter 13, if they did they would be in big trouble with the justice department and your forthcoming law suit against your former employer.

          Good luck,
          bkbiker

          Comment

            #6
            Originally posted by molly
            I have a credit account in the retail store where I am employed.
            How will this affect my position as a sales associate? I am not informing anyone I am filing chapter 13. Just a little worried....
            99.999% chance that you have absolutely nothing to worry about.

            Comment

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