Can I get fired for filing for bankruptcy? 10 Answers as of January 03, 2011

We have really been struggling with money lately and I am thinking about filing for bankruptcy. I work for a real estate company and I am scared that I will lose my job if I file for bankruptcy because I will look financially irresponsible. Can my boss fire me for filing for bankruptcy?

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Law Offices of Juan Dotson
Law Offices of Juan Dotson | Juan Dotson
No, you cannot be fired for filing for bankruptcy. The attorneys correctly noted that your boss can find other reasons to fire you: being late, not doing your job on time, etc. Note: you will have to miss some work if you file for bankruptcy at least 1-2 hours for a meeting of the creditors. Consult with an attorney; you may be able to negotiate principal reductions (or payments) for your debts without filing for bankruptcy.
Answer Applies to: California
Replied: 1/3/2011
Mankus & Marchan, LTD
Mankus & Marchan, LTD | Tony Mankus
Sec. 525 of the Bankruptcy Code prohibits the employer from terminating the employee solely because of a bankruptcy filing. It does not prohibit the employer from dismissing the employee for other reasons.
Answer Applies to: Illinois
Replied: 12/29/2010
William C. Gosnell, Attorney at Law
William C. Gosnell, Attorney at Law | William C. Gosnell
Your boss cannot fire you for filing bankruptcy. There is a federal law that prohibits this. However, if you are late for work or have any other discrepancy look out.
Answer Applies to: Tennessee
Replied: 12/22/2010
Janet A. Lawson Bankruptcy Attorney
Janet A. Lawson Bankruptcy Attorney | Janet Lawson
The bankruptcy code says "no." But there was a recent case that seems to make enforcing that right difficult. The good news is that your boss won't find out unless you tell him/her. He/she should give you credit for cleaning it up.
Answer Applies to: California
Replied: 12/22/2010
Bankruptcy Law Office of Robert Weed
Bankruptcy Law Office of Robert Weed | Robert Weed
Two answers. 1. Not legally. 2. You can legally get fired for being in financial trouble. Bankruptcy is less of a risk than that.
Answer Applies to: Virginia
Replied: 12/22/2010
    The Law Office of Mark J. Markus
    The Law Office of Mark J. Markus | Mark Markus
    Not legally. If your boss fires you because of the bankruptcy you can sue them under section 525 of the Bankruptcy Code for discrimination. Of course, it's often difficult to prove why one
    was fired.
    Answer Applies to: California
    Replied: 12/21/2010
    DiManna Law Office, LLC.
    DiManna Law Office, LLC. | Dawn DiManna
    You should not be fired for filing for bankruptcy. Your employer should not find out.
    Answer Applies to: New Hampshire
    Replied: 12/21/2010
    Diefer Law Group, P.C.
    Diefer Law Group, P.C. | Abel Fernandez
    Usually you cannot get fired for bankruptcy.
    Answer Applies to: California
    Replied: 12/21/2010
    Law Offices of Lady Justice
    Law Offices of Lady Justice | Mona Patel
    Your boss will not know you filed bankruptcy. And you definitely cannot get fired for filing a bankruptcy.
    Answer Applies to: California
    Replied: 12/21/2010
    Ursula G. Barrios Law
    Ursula G. Barrios Law | Guillermo Machado
    You will look more financially irresponsible if you continue to carry debts that you cannot pay. At least by filing, you are taking decisive action to help your situation, so you can have a better future. You cannot be discriminated against because you filed for bankruptcy.
    Answer Applies to: California
    Replied: 12/21/2010
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