I Hate Being Chapter 13 Bankruptcy

[chpxiii]

I'm sending you good luck vibes, $$$Only4ever!!!

[$$only4ever]

Flamingo, to add to what you said -- I have a friend who works at a major brokerage house who is just choked with debts from a bad marriage, and no assets to protect (again, marriage). I asked him one day why he didn't file Ch7, and he told me he didn't want to get fired. Before I could even get the, "...but they CAN'T..." out of my mouth, he says, "I'm well aware of that. But what they do is wait a few months, and then fire you for being late or having bad breath or something incredibly vague like non-professionalism. You've seen it, you know what I'm talking about." And he's right, I have. I think the difference is that they have to sign some financial disclosure thing every 6 months, which directly asks (among other things) "Have you declared bankruptcy in the previous year?" so it's not like he could just fly under the radar and hope for the best.

$$$, will you keep us posted? I really hope you get this job!!!

Thanks Fresh for the moral support.

[$$only4ever]

$$$, will you keep us posted? I really hope you get this job!!! [/QUOTE]

Thanks for the moral support. I really appreciate it.

[One Half Full]

This does have me kind of scared. I can see why $$only4ever would have a fear-factor moment. Leaving my low paying present job is among one of the reasons that I need to get out from under this debt.

[$$only4ever]

Update On Previous Post

I have an interview next week. All of their issues concerning my bankruptcy have been resolved and they are moving forward (this is what the HR person said). So wish me luck and let's hope that I dazzle them.

[Flamingo]

Flamingo, to add to what you said -- I have a friend who works at a major brokerage house who is just choked with debts from a bad marriage, and no assets to protect (again, marriage). I asked him one day why he didn't file Ch7, and he told me he didn't want to get fired. Before I could even get the, "...but they CAN'T..." out of my mouth, he says, "I'm well aware of that. But what they do is wait a few months, and then fire you for being late or having bad breath or something incredibly vague like non-professionalism. You've seen it, you know what I'm talking about." And he's right, I have. I think the difference is that they have to sign some financial disclosure thing every 6 months, which directly asks (among other things) "Have you declared bankruptcy in the previous year?" so it's not like he could just fly under the radar and hope for the best.

Good Point to bring up! Any financial business checks you out seriously before hiring and, as you state above, you may having something in the paperwork you signed at hiring or in a contract which may require you to disclose certain financial happenings while in their employ. If he signed a disclosure statement as to those terms then he would be required to report a filing. Not only would that have to be disclosed as a financial requirement, we all must admit that filing BK takes a mental toll on us and can affect our lives and work in the office as well and some people may have to miss a lot of work and/or are on the phone with personal calls a lot and that can be noticed. However, if he is a good employee with a good record and goes to his boss and advises of his bad marriage debts and maybe having to file and that it wil not have any effect on his job performance, it will all be taken in stride. I can understand his hesitancy, though, in not wanting to file but he needs to weigh a few things out in his situation in the event it becomes worse. Everyone, though, has major life events and BK can be one of them.

Most people file BK while working and it's like nothing happened. People work and survive horrid divorces and stay employed and have to have child support taken out of their pay and have to go through that embarassment also with their HR Dept. It's a tough situation. But in life it is best to be proactive in everything you do or it never gets done - be one step ahead of the game and inform those you believe should be informed and if you are a good employee, you will have nothing to fear.

[FreshLikeADaisy]

Flamingo, to add to what you said -- I have a friend who works at a major brokerage house who is just choked with debts from a bad marriage, and no assets to protect (again, marriage). I asked him one day why he didn't file Ch7, and he told me he didn't want to get fired. Before I could even get the, "...but they CAN'T..." out of my mouth, he says, "I'm well aware of that. But what they do is wait a few months, and then fire you for being late or having bad breath or something incredibly vague like non-professionalism. You've seen it, you know what I'm talking about." And he's right, I have. I think the difference is that they have to sign some financial disclosure thing every 6 months, which directly asks (among other things) "Have you declared bankruptcy in the previous year?" so it's not like he could just fly under the radar and hope for the best.

$$$, will you keep us posted? I really hope you get this job!!!

[Flamingo]

Flamingo,

I stand corrected. However, was it necessary for you to post the above comment?

I'm sorry - you corrected me in your reply posting that "at will" goes both ways (employer and employee) and I had already stated that in the posting you responded to - I just responded that you apparently missed that portion of my posting; that's all. And if you missed it, maybe others did also. It was not meant as anything else and I am sorry you may have taken it the wrong way. I am sure you would have replied the same to anyone else if it was you who had originally posted.

[$$only4ever]

I stated that and I think you missed that in my posting - here is what I said "Most people are hired as "at will" employees and that is on the documentation that you sign when you are hired (I am not talking about contracts for higher-up executives). That means the employer can terminate you for any reason and you can leave for any reason."

Flamingo,

I stand corrected. However, was it necessary for you to post the above comment?

[Flamingo]

Exactly, Flamingo. "At will" means just that. But it goes both ways for the employer and the employee.

I stated that and I think you missed that in my posting - here is what I said "Most people are hired as "at will" employees and that is on the documentation that you sign when you are hired (I am not talking about contracts for higher-up executives). That means the employer can terminate you for any reason and you can leave for any reason."

[$$only4ever]

An employer does not have to hire you if you have bankruptcy on your record. The same applies if you have a criminal record. However, if you file bankruptcy while employed and are fired for that reason, you have one heck of a case. You cannot be fired for filing bankrupty but bankruptcy on your record can keep you from getting hired.

Most people are hired as "at will" employees and that is on the documentation that you sign when you are hired (I am not talking about contracts for higher-up executives). That means the employer can terminate you for any reason and you can leave for any reason. However, if you can prove you were terminated due to discrimination (race, religion, gender, sexual preference, pregnancy, blowing the whistle on someone and receiving retaliation for doing that, etc...), then you can sue for discrimination.

Exactly, Flamingo. "At will" means just that. But it goes both ways for the employer and the employee.

[Flamingo]

LEGALLY they cannot discriminate against you because of your bankruptcy.

An employer does not have to hire you if you have bankruptcy on your record. The same applies if you have a criminal record. However, if you file bankruptcy while employed and are fired for that reason, you have one heck of a case. You cannot be fired for filing bankrupty but bankruptcy on your record can keep you from getting hired.

Most people are hired as "at will" employees and that is on the documentation that you sign when you are hired (I am not talking about contracts for higher-up executives). That means the employer can terminate you for any reason and you can leave for any reason. However, if you can prove you were terminated due to discrimination (race, religion, gender, sexual preference, pregnancy, blowing the whistle on someone and receiving retaliation for doing that, etc...), then you can sue for discrimination.

[LadynRed]

If it is their policy not to hire anyone in an active bankruptcy,

LEGALLY they cannot discriminate against you because of your bankruptcy.

[Minnymouth]

Yep...... they can ask all they want about your credit history and job history....... but their VERY LIMITED about what they can ask about your medical history or your bad habits..............

How ironic, huh!!!

[$$only4ever]

Update On Previous Post

Surprise of suprises! I received a phone call late Friday afternoon from the prospective employer. They had alot of questions concerning why I filed bankruptcy which was okay..

I explained honestly why we filed bankruptcy. I also explained that what we did to try to avoid BK. (working second job, tons of overtime, cashing out 401k, etc). I stated that finally all options had been exhausted and we had to make a business decision. I advised them that I had never been late on any of debt before I filed. The HR person said that they could see that on the credit report, which helped.

My ending statement went something like this:

"Unfortunately, sometimes bad things happen to good people. We tried for approximately 5 years to avoid bankruptcy. It wasn't like we just stopped paying our creditors and let everything be charged-off. There was not one creditor who was over 30 days late when we filed. However, when all of our options were exhausted, and our health was in danger, we had to make a business decision concerning financial survival.

Yes I am in an active chapter 13 bankruptcy with 2 years of payments to go, but I do not look at this as being a negative thing. To date, all payments have been made on time. At least my creditors are receiving a percentage of the debt unlike a chapter 7 where all debt would have been discharged. Yes, bankruptcy is not a good thing, but I firmly believed that many things have been made as right as they can be by filing a chapter 13."

The only other question that they asked was how the payment was being made and I advised them that a wage order was on DH's paycheck and they send the $$ every month to the trustee. The HR person seemed to like that. Now, I am again waiting for someone higher up in HR to yay or nay me. I will keep everyone posted.

What I thought was funny was (2) things:

1) If I had filed a chapter 7, I would have been discharged now for 3 years and that would have ok with this employer even though none of my creditors would have received a dime, and 2) This company does not do mandatory drug screening, so my question is: If your FICO was 750 you would be hired even if you were a heroin addict