Will my employer find out about my bankruptcy filing?

Posted by Wesley Scott on July 10, 2020 at 10:43 AM
Wesley Scott

Filing bankruptcy creates a public record of your request for relief, but it does not mean the general public can search and look-up all the information in your bankruptcy filing. In order to look up the information in a bankruptcy, you need an account in the government’s PACER system, and you are charged for searching through this database. So, while technically most of the information in the bankruptcy filing is public, your coworkers and employer often do not have to know about the bankruptcy filing.

More importantly however, is that under 11 U.S.C. § 525:

No private employer may terminate the employment of, or discriminate with respect to employment against, an individual who is or has been a debtor [in bankruptcy.]

(see https://kainscott.com/us-bankruptcy-code/chapter-v/ss-ii/code-525)

This means that even if you work for a large bank and you have credit card debt with them, they cannot discriminate against you because of the bankruptcy filing! For most people, you will not owe your employer money, but it is still required to list their address in the bankruptcy petition. This is important, because often times a debtor in a bankruptcy is facing or experiencing garnishment of their wages, and your bankruptcy trustee can request funds that were garnished prior to a bankruptcy filing or 60-days’ worth of paystubs.

It is VERY rare that filing a bankruptcy could affect your job (other than the wage garnishment has to stop immediately). You are protected from any sort of discriminatory treatment (ie they have to treat you the same as everyone else), and your employer would not have to be sent a notice of filing unless you owe them money.

Filing bankruptcy is not something anyone is proud of, but fear your coworkers may find out about the bankruptcy is no reason to delay the relief. Odds are they won’t, and even if they do, they cannot treat you differently because of it.

When ready, reach out to Kain & Scott at www.kainscott.com.

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