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FYI: Appeals court rules against job seekers who file for bankruptcy

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  • FYI: Appeals court rules against job seekers who file for bankruptcy

    Site won't let me post a link, but look up Shani Burnett v. Stewart Title, Inc., U.S. Court of Appeals for the 5th Circuit.

    Just thought everyone should be aware.
    Filed Chapter 7 Oct. 2010
    Discharged Jan. 21, 2011

  • #2
    Originally posted by rkg2004 View Post
    Site won't let me post a link, but look up Shani Burnett v. Stewart Title, Inc., U.S. Court of Appeals for the 5th Circuit.

    Just thought everyone should be aware.
    ?

    Job seekers are easy Chapter 7 because they don't have the income.

    Not sure what your motive is here, but BK give people a second chance, and is quite easy to do.

    Later dude.

    Comment


    • #3
      Interesting read. http://volo.abi.org/cases/burnett-v-...-in-re-burnett
      There are two secrets for success in life:
      1.) Never tell everything you know.

      Comment


      • #4
        Ya I misunderstood the OP.

        That's a terrible ruling. Looks like the courts are bought and paid for by the private corporations.

        Comment


        • #5
          Oh I get what this is after reading the link. I think Oregon is one of those states that does not allow this to happen, but California and many others will allow employers to refuse to hire someone due to bk. This truly sucks, and unless you are working for a financial firm, I don't understand this type of law. I understand criminal checks, but not credit checks like this.

          The unemployed are already hugely disadvantaged, add a bk, and they are really screwed. How do we expect those who are unemployed and even worse, those like me that lost their job and fell into bk to have a fighting chance to get their lives back together again?

          I am so sick of corporations and how much power they hold against the private citizens. They pretty much buy off the government, the courts, and use and abuse us.

          Comment


          • #6
            Sorry everyone, it was late and I was just so upset after reading this that I needed to vent. I know it's bad news, but there's no way you can be prepared for this unless you really know what's going on.

            I've been trying to do some research to prepare myself as I will most likely be looking for work within the next year as my company downsizes. It seems that the way the law is worded, you can't be discriminated against in the public sector, but private companies can do whatever they want. I know that HR3149 was introduced to fix this problem, but I think it was trying to prevent companies from even obtaining credit checks, so of course they are all against it and it's not going to get anywhere. I think they need to amend the existing law to make banruptcy a protected class, like race or age. That way job seekers would have some legal recourse to fight discrimination.
            Filed Chapter 7 Oct. 2010
            Discharged Jan. 21, 2011

            Comment


            • #7
              Originally posted by rkg2004 View Post
              Sorry everyone, it was late and I was just so upset after reading this that I needed to vent. I know it's bad news, but there's no way you can be prepared for this unless you really know what's going on.

              I've been trying to do some research to prepare myself as I will most likely be looking for work within the next year as my company downsizes. It seems that the way the law is worded, you can't be discriminated against in the public sector, but private companies can do whatever they want. I know that HR3149 was introduced to fix this problem, but I think it was trying to prevent companies from even obtaining credit checks, so of course they are all against it and it's not going to get anywhere. I think they need to amend the existing law to make banruptcy a protected class, like race or age. That way job seekers would have some legal recourse to fight discrimination.
              rkg, I feel your pain as I am a 99er, so I have been out of work for 2 years. I delayed filing bk due to the fear of a company refusing to hire me for it. Finally, I said enough is enough, I have to survive and the hell with the companies, I will take care of my financial situation and deal with the companies later.

              I hate the credit checks, I think they are b.s. and that all states should pass a law against this (especially with the insanely high unemployment rate and recession). I mean why should corporations be allowed to declare bk, but individuals who at no fault of their own, are victims of the corporations mistakes, can't file bk and be protected?

              At least a bk shows the employee has removed his bad credit, so the bk person should be in a better position now. I wish they would remove credit checks from employers. I think this is the worst form of discrimination against the poor and it really blocks them from ever getting out of being poor.

              Most of the smaller sized companies I worked for never ran a background or credit check, so it's a matter of playing the numbers and interviewing with lots of people until someone hires you.

              Also, an employer can lie and say they are not hiring you for a reason other than credit. e.g. they can say they thought the other candidate was a better match. Or just say they want to interview more people and start all over again.

              Basically, it will come down to you having to convince the employer you are a good candidate despite the bk and that the bk has no bearing on your ability to do the job.

              Comment


              • #8
                Thanks for the encouragement helpme2010. I am truly sorry for your situation and hope things get better soon.
                Filed Chapter 7 Oct. 2010
                Discharged Jan. 21, 2011

                Comment


                • #9
                  Originally posted by rkg2004 View Post
                  Thanks for the encouragement helpme2010. I am truly sorry for your situation and hope things get better soon.

                  Thanks rkg, I wish you the best as well. One thing I am noticing is I am getting interviews or responses, but always from the small companies, not the big companies that I really want to work for. Most of the smaller companies probably won't run a credit check, so this could be a good thing if we land a position with a small company. I just want a larger company because the odds will be better for a stable career path. I am tired of going in and out of jobs. It's extremely stressful and I am tired of hearing the negative responses from everyone about why I shouldn't be getting unemployment extensions (sarcastic humor).

                  Comment


                  • #10
                    This is so unfair... My hubby has been unemployed for over a year now and no hope on the horizon for a job.

                    How does the USA expect those who are unemployed and those like me that lost their jobs and had to declare bk to ever get back in the workforce again?
                    Chapter 7 filed 11/4/10 ---- 341 Meeting 12/1/10 ---- Discharge 1/31/2011.

                    Comment


                    • #11
                      actually now a days you are more stable with a smaller company. They really get to know you, usually run a lean ship and tend to keep their employees longer then bigger companies


                      Originally posted by helpme2010 View Post
                      Thanks rkg, I wish you the best as well. One thing I am noticing is I am getting interviews or responses, but always from the small companies, not the big companies that I really want to work for. Most of the smaller companies probably won't run a credit check, so this could be a good thing if we land a position with a small company. I just want a larger company because the odds will be better for a stable career path. I am tired of going in and out of jobs. It's extremely stressful and I am tired of hearing the negative responses from everyone about why I shouldn't be getting unemployment extensions (sarcastic humor).
                      Chapter 7 filed 11/4/10 ---- 341 Meeting 12/1/10 ---- Discharge 1/31/2011.

                      Comment


                      • #12
                        Well I can say from my own experience, after the final interview, and when the job offer came but before I filled out the paperwork, I told my new potential company that I had to declare BK last year due to job loss. Its been 3 weeks and the crickets are chirping and they will not respond to my email.

                        The thing that really upset me about this company feeling that having me as an employee that had declared BK was bad but this company had just exited BK themselves 12 months prior. So its ok for the company to declare BK but no one that works for them should.
                        Chapter 7 filed 11/4/10 ---- 341 Meeting 12/1/10 ---- Discharge 1/31/2011.

                        Comment


                        • #13
                          Originally posted by espo1357 View Post
                          Ya I misunderstood the OP.

                          That's a terrible ruling. Looks like the courts are bought and paid for by the private corporations.
                          It's a matter of interpretation, and clearly this court "interpreted" in favor - of course....of the employer. This also means that a TX Congressman in Ch 11 can't be hired by this same outfit either!!!!!

                          Comment


                          • #14
                            Originally posted by Fallonedward View Post
                            Well I can say from my own experience, after the final interview, and when the job offer came but before I filled out the paperwork, I told my new potential company that I had to declare BK last year due to job loss. Its been 3 weeks and the crickets are chirping and they will not respond to my email.

                            The thing that really upset me about this company feeling that having me as an employee that had declared BK was bad but this company had just exited BK themselves 12 months prior. So its ok for the company to declare BK but no one that works for them should.

                            Sorry to hear about your situation.

                            This is why I would advise to never offer information that may be negative in an interview. Not that BK is negative, but others think it may be, because they never got caught up in the "shit" and had to file.

                            Just don't tell them anything.

                            If they want to dig, let them dig and find out.

                            In general, telling anyone about your BK is bad business.

                            You will be fine. There are plenty of jobs out there if you have the drive. It may not be the job you want, but it will pay the bills...thank you very much.

                            good luck, and keep your head up. I am sure that you have lots to offer an employer, and if they don't want to hire your over a BK or if they don't want to respond to your email, well you probably have an employer that stinks anyway.

                            be sure to keep networking, because the one thing that is true in this corrupt world is this: its not what you know, its who you know!

                            Comment


                            • #15
                              I did not tell them before the interview, I told them once the job offer was made. Everything I read on this forum stated Be honest, be upfront and tell them before they find out on their own. Next time I will mention nothing and fill out the paperwork and let it go.

                              Not sure going forward how to proceed. I had looked back on backtoschool's posts and she got a job and told them after they made the offer she had credit issues...


                              Originally posted by espo1357 View Post
                              Sorry to hear about your situation.

                              This is why I would advise to never offer information that may be negative in an interview. Not that BK is negative, but others think it may be, because they never got caught up in the "shit" and had to file.

                              Just don't tell them anything.

                              If they want to dig, let them dig and find out.

                              In general, telling anyone about your BK is bad business.

                              You will be fine. There are plenty of jobs out there if you have the drive. It may not be the job you want, but it will pay the bills...thank you very much.

                              good luck, and keep your head up. I am sure that you have lots to offer an employer, and if they don't want to hire your over a BK or if they don't want to respond to your email, well you probably have an employer that stinks anyway.

                              be sure to keep networking, because the one thing that is true in this corrupt world is this: its not what you know, its who you know!
                              Chapter 7 filed 11/4/10 ---- 341 Meeting 12/1/10 ---- Discharge 1/31/2011.

                              Comment

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