If you are in debt and thinking about how to end problems of the day, you are concerned about your privacy. Who will know about their problems, and what kind of effect it will have on the main obstacles to getting out of debt.
After all, this is a personal matter - not something I want to discuss with the world.
Under normal circumstances, your employer will not know that you have filed Chapter 7 or Chapter 13. Exceptions to this rule are:
1. The payroll department can be notified to suspend execution of income (wages garnished).
2. If you file a Chapter 13 bankruptcy and the court requires that Plan payments made through payroll deductions, then your payroll department will need to know who to send payments.
The chances are slim that your employer takes the time to go to court and enter your name, social security number and other identifiers in order to find out if you have filed a case. It is possible, but think about it - how likely is that someone has that kind of time on their hands?
If your employer know about your case, you can be fired? Generally, no.
In New York, an employer may hire and fire employees at will and employees can be closed at any time. This is called "employment" and is the general form of doing business across the country.
Section 525 (b) of the U.S. Bankruptcy Code protects you from being fired due to bankruptcy. This section states that no "private employer may terminate the employment of, or discriminate in employment against, a person who is or has" made solely on the basis of the declaration of personal bankruptcy new york.
In other words, can not be fired solely because you filed for relief from the problems of your bill. Of course, your boss could fire you for other reasons. So if your job performance is not up to snuff, you can not hide behind the U.S. Bankruptcy Code for protection.
In practice, some employers may actually be happy when you use the law to get out from under the problems of your bill. Once you submit a case that is less likely to be distracted by money problems. Are less likely to "lay hold of the box" to cover their expenses. You will not receive annoying phone calls at work more. Payroll will not have to deal with income executions served by angry creditors.
After all, this is a personal matter - not something I want to discuss with the world.
Under normal circumstances, your employer will not know that you have filed Chapter 7 or Chapter 13. Exceptions to this rule are:
1. The payroll department can be notified to suspend execution of income (wages garnished).
2. If you file a Chapter 13 bankruptcy and the court requires that Plan payments made through payroll deductions, then your payroll department will need to know who to send payments.
The chances are slim that your employer takes the time to go to court and enter your name, social security number and other identifiers in order to find out if you have filed a case. It is possible, but think about it - how likely is that someone has that kind of time on their hands?
If your employer know about your case, you can be fired? Generally, no.
In New York, an employer may hire and fire employees at will and employees can be closed at any time. This is called "employment" and is the general form of doing business across the country.
Section 525 (b) of the U.S. Bankruptcy Code protects you from being fired due to bankruptcy. This section states that no "private employer may terminate the employment of, or discriminate in employment against, a person who is or has" made solely on the basis of the declaration of personal bankruptcy new york.
In other words, can not be fired solely because you filed for relief from the problems of your bill. Of course, your boss could fire you for other reasons. So if your job performance is not up to snuff, you can not hide behind the U.S. Bankruptcy Code for protection.
In practice, some employers may actually be happy when you use the law to get out from under the problems of your bill. Once you submit a case that is less likely to be distracted by money problems. Are less likely to "lay hold of the box" to cover their expenses. You will not receive annoying phone calls at work more. Payroll will not have to deal with income executions served by angry creditors.
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