Depending on what kind of bankruptcy you filed — Chapter 7 or Chapter 13 – an employer or landlord could discover it. Furthermore, the answer varies in regard to your boss and your landlord.
Do I have to tell my employer I filed for Chapter 7 bankruptcy?
Filing Chapter 7 bankruptcy does not obligate you to tell your boss that you filed for bankruptcy. If he or she finds out that you did, the Federal Bankruptcy Code protects you from being fired.
To qualify for Chapter 7, you may have to liquidate non-exempt assets and property to pay creditors. In turn, this helps pay your debt. It also issues an “automatic stay,” meaning most creditors must stop contacting you.
Once filed, you (the debtor) are free of paying most debt with the exception of child support, some taxes and student loans. (In some cases, the court does decide the student loan is too much of a burden to repay.)
Do I have to tell my employer I filed for Chapter 13 bankruptcy?
Filing Chapter 13 bankruptcy means you are going to repay some or all of your debts, and this may require garnishing your wages as part of a payment plan. Therefore, your employer will know that you have filed in this case because he or she will have to take steps to garnish your wages.
However, in this case, the Bankruptcy Code also prevents you from being fired for filing bankruptcy. If an employer tries to fire you for filing either Chapter 7 or Chapter 13, contact a lawyer because that is illegal.
Do I have to tell my landlord I filed for bankruptcy?
If you are behind on rent, then your landlord will know whether you file Chapter 7 or Chapter 13 if he or she has already begun the process to evict you.
The court will review your ability to pay the rent, but the 2005 Bankruptcy Law made things easier for landlords to evict bankrupt tenants. Now a landlord can continue with the eviction proceeding if he or she initiated it before you filed for bankruptcy.
Filing Bankruptcy in Plano
If you are ready to file Chapter 7 or Chapter 13 bankruptcy in Plano, talk to a lawyer who specializes in these proceedings and who can advise you regarding your obligations in relation to filing, as well as whom you need to inform.
Warren & Migliaccio, L.L.P. can provide you with a free consultation about your bankruptcy needs. Just call 888-584-9614 or contact us online to set up an appointment with an attorney.