Dealing with ignorant people

[littlemuffin]

We've all been faced with the stereotypes that go along with filing bankruptcy. But I happen to work for some old timers who have no idea I'm filing. Just this week someone we know who has filed talked to us and after they left they were called every lowdown name in the book(liar, cheat, criminal etc). I am very uncomfortable and trying to keep my situation from them. It is a good job that I've had for over 10 years.

My question is this - I know the bank that has my mortgage will be notified. I plan to keep the house and I'm not late on any of the payments. I also know that bankruptcy is public knowledge. My concern is that several members of my bosses family are on the board of the bank. Even if they learn of my filing, are they not required by my privacy rights to not spread it around town? Could I ask my attorney to write a letter when they mail in my paperwork reiterating my privacy rights when it comes to my situation. I know that the bank board talks. Ive personally be privy to some of the information.

Just curious.

Thanks
LM

[shellbell]

No employer can discrimate against you for filing Bankruptcy. I would think that if they started slandering your name you could get them in alot of trouble. No one plans on becoming bankrupt and it sure doesn't make you a bad person for doing it. Hang in there and keep your chin up!! ;)

[tod183]

Honestly, I think I'd be more afraid that if my lawyer sent a letter then it would be like a big flag waving... "Hey, look at me!!!!" Personally, I think I'd take my chances.

[littlemuffin]

You might be right. Why wave a red flag in front of a bull? But I also wonder if they can take knowledge they learn as my financial institution and tell others. That is the part that I was curious about. I am not a vindictive person. I just know the crap that I have heard from the bank board that should never be talked about concerning foreclosures etc.

[JSchrader]

Legally speaking, shellbull is correct. Bankruptcy Code section 525(b) prevents a private employer from firing, or refusing to hire someone because of bankruptcy. The code section doesn't prevent an employer from treating your poorly, however. And an employer could still choose to fire an employee who filed for bankruptcy if there is another reason besides the bankruptcy filing.

Regarding privacy, as you noted, your bankruptcy filing is in the public record. Fortunately, most people don't comb through bankruptcy filings just to see who filed. But if they do learn of the filing, there isn't much you can do to keep them from talking about it.

As a practical matter, are you sure that the bank board reviews bankruptcy filings? I wouldn't be surprised if the board only reviews delinquent mortgages, as these mortgages force them to make a decision regarding whether to foreclose. Mortgages are unaffected by a Bankruptcy discharge. Thus, the filing might only be reviewed by the bank's employees and might not make it to the board. Of course this is all speculation. I presume your bank is small and locally owned if the board is reviewing individual foreclosures.

[tobee43]

Legally speaking, shellbull is correct. Bankruptcy Code section 525(b) prevents a private employer from firing, or refusing to hire someone because of bankruptcy. The code section doesn't prevent an employer from treating your poorly, however. And an employer could still choose to fire an employee who filed for bankruptcy if there is another reason besides the bankruptcy filing.

Regarding privacy, as you noted, your bankruptcy filing is in the public record. Fortunately, most people don't comb through bankruptcy filings just to see who filed. But if they do learn of the filing, there isn't much you can do to keep them from talking about it.

As a practical matter, are you sure that the bank board reviews bankruptcy filings? I wouldn't be surprised if the board only reviews delinquent mortgages, as these mortgages force them to make a decision regarding whether to foreclose. Mortgages are unaffected by a Bankruptcy discharge. Thus, the filing might only be reviewed by the bank's employees and might not make it to the board. Of course this is all speculation. I presume your bank is small and locally owned if the board is reviewing individual foreclosures.

while i absolutely agree with all of what's been stated about privacy....it's really in legal theory ONLY...especially in small towns.

idealistically, we would expect those in positions to maintain a "higher" standard....however, the truth many times is they simply don't....they go to the dinner after church and all have coffee and chatter...i been there and done that!

actually, and factually...it JUST happened today when an "official" stopped by and proceeded to explain who was losing their homes in our community.

and again, while, it may seem innocent enough, this mere chattering....it was an absolute violation of those parties privacy.

[meateater]

There's no practical way to prevent these folks from talking if they get wind you filed. If it were me, I woudn't send a letter or draw more attention to myself, this may slip through unnoticed.

i'd prepare for the possibility of them finding out, and planning what to say if anyone comments to you directly (but these people sound like wimps who talk behind backs). If you find out that someone's talking, be ready with something to say in response (not that there's any obligation for you to say anything, but better to be prepared rather than stunned and speechless).