Will my employer find out if I file for bankruptcy? 21 Answers as of June 27, 2011

I am thinking about filing for bankruptcy, but I am worried that my employer may find out about it. Is there any way that they will find out? If so, what are some legal measures I can take to keep him from finding out?

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Financial Relief Law Center
Financial Relief Law Center | Mark Alonso
Generally, no. There is no reason for an employer to be aware of your bankruptcy filing unless they do a background check or credit check which they should inform you about.
Answer Applies to: California
Replied: 6/27/2011
Mercado & Hartung, PLLC
Mercado & Hartung, PLLC | Christopher J. Mercado
Most likely your employer will not be aware of a potential BK filing.
Answer Applies to: Washington
Replied: 6/3/2011
The Law Offices of Alan M. Laskin
The Law Offices of Alan M. Laskin | Jared B. Gaynor
Bankruptcy is a matter of the public record, and I personally have never seen anyone give good cause as to why their entire petition should be sealed by the court. No one puts your name in the paper, or anything like that, but if your boss does a credit check on you he will find out.
Answer Applies to: California
Replied: 6/1/2011
Dearbonn Law Offices
Dearbonn Law Offices | Ajibola Oluyemisi Oladapo
You must disclose the name and address on of your employer in your bankruptcy. Usually the court will* not* notify your employer. All your creditors will be notified. Your employer usually does not find out unless you inform him, and for your information, BK is public record, so they may well get to know about it.
Answer Applies to: Washington
Replied: 6/1/2011
Burnham & Associates
Burnham & Associates | Stephanie K. Burnham
Normally there is no reason for your employer to uncover your bankruptcy filing. You cannot make your bankruptcy private and if your job requires credit checks you will need to decide if it is better for your employment to file, or for your debts to be discharged.
Answer Applies to: New Hampshire
Replied: 5/31/2011
    Saedi Law Group
    Saedi Law Group | Lorena Saedi
    If you are filing a Chapter 7 bankruptcy your employer will not find out unless they pull a credit report on you. The court does not contact the employer. If you file for Chapter 13 bankruptcy the court requires that your monthly payment be deducted from your paycheck. If you truly believe that this could result in you losing your job you can make a request to the court to make your Chapter 13 payment directly.
    Answer Applies to: Georgia
    Replied: 5/31/2011
    The Northwest Debt Relief Law Firm
    The Northwest Debt Relief Law Firm | Thomas A McAvity
    There are really only three reasons why your employer should ever find out about your bankruptcy. First, the bankruptcy filing is noted in a local paper, usually in both a paper and section that nobody reads. Second, if you file Chapter 13, your trustee may require that your payments be paid through wage deduction in which case the payroll department would receive an order requiring deduction. Third, if you owe money to your employer, you will have to list it as a debt in your bankruptcy and your employer will receive a notice from the bankruptcy court.
    Answer Applies to: Oregon
    Replied: 5/31/2011
    The Law Office of Mark J. Markus
    The Law Office of Mark J. Markus | Mark Markus
    It depends in part on what Chapter you're filing, but your employer will not be notified by the court that you filed bankruptcy. Bankruptcy is a matter of public record, so anyone can find out
    Answer Applies to: California
    Replied: 5/31/2011
    Indianapolis Bankruptcy Law Office of Eric C. Lewis
    Indianapolis Bankruptcy Law Office of Eric C. Lewis | Eric Lewis
    Bankruptcy is a public record that is available for anyone to inspect at the courthouse or throught the PACER online system (for a fee). It is not likely that your employer will receive direct notice of the bankruptcy unless you have some sort of payroll deduction in a Chapter 13 or are currently under garnishment.
    Answer Applies to: Indiana
    Replied: 5/31/2011
    Janet A. Lawson Bankruptcy Attorney
    Janet A. Lawson Bankruptcy Attorney | Janet Lawson
    Your employer is not on the "service list" (mailing list) in your bankruptcy unless you owe him or her money. Absent you or someone else telling them, they won't find out.
    Answer Applies to: California
    Replied: 5/31/2011
    Carballo Law Offices
    Carballo Law Offices | Tony E. Carballo
    Probably not but it is public information and anyone can find out if they want to investigate. Nothing you can do except keep it to yourself. There would be no reason for your employer to check to see if you filed a bankruptcy case.
    Answer Applies to: California
    Replied: 5/31/2011
    Greifendorff Law Offices, PC
    Greifendorff Law Offices, PC | Christine Wilton
    Only if your employer happens to be looking at the bankruptcy court website in his/her off time, or if you list them as a creditor on your bankruptcy papers.
    Answer Applies to: California
    Replied: 5/31/2011
    Ashman Law Office
    Ashman Law Office | Glen Edward Ashman
    In a Chapter 13 they will know. While they usually would not know in a Chapter 7, the case is a public record, so there is no way to hide it.
    Answer Applies to: Georgia
    Replied: 5/31/2011
    Jackson White, PC
    Jackson White, PC | Spencer Hale
    If your employer was searching the bankruptcy docket they could discover your bankruptcy filing. Your neighbor could do the same. The bankruptcy will also appear on your credit report so anyone checking your credit report could see you filed bankruptcy. There really is not a legal remedy to prevent your employer from finding out about your bankruptcy. That being said, I highly doubt your employer pays the fees to search the bankruptcy docket for all of their employees on a regular basis. You can also take some comfort in knowing that federal law prohibits a private employer from denying a promotion solely based on a bankruptcy.
    Answer Applies to: Arizona
    Replied: 5/31/2011
    Bankruptcy Law Office of Robert Weed
    Bankruptcy Law Office of Robert Weed | Robert Weed
    Anybody who wants to find out can find out in about 30 seconds. But you need to know that there are more bankruptcies in America than there are divorces. How many divorced people work where you work? That's how many people with bankruptcies work there, too.
    Answer Applies to: Virginia
    Replied: 5/31/2011
    Sweeney Law Offices, P.L.L.C.
    Sweeney Law Offices, P.L.L.C. | Jesse Sweeney
    If you are filing any form of bankruptcy, a simple public records search will uncover that you are filing. However, the only way that they would otherwise discover this is (a) if a third party informs them or (b) you have a wage deduction/payment order where funds are directed to come out of your check.
    Answer Applies to: Michigan
    Replied: 5/31/2011
    Law Offices of Alexzander C. J. Adams, P.C.
    Law Offices of Alexzander C. J. Adams, P.C. | Alexzander Adams
    Bankruptcies are a matter of the public record. However, in most cases, employers do not need to be notified. Therefore, the only way they would find out is if they looked for the information. This determination will be based on the specific facts of your situation.
    Answer Applies to: Oregon
    Replied: 5/31/2011
    Ursula G. Barrios Law
    Ursula G. Barrios Law | Guillermo Machado
    No unless you owe money to him.
    Answer Applies to: California
    Replied: 5/31/2011
    Bankruptcy Law office of Bill Rubendall
    Bankruptcy Law office of Bill Rubendall | William M. Rubendall
    Formerly, it was common practice for all employers to be given notice routinely by the trustee, even though it was never technically required. That is not the case now. There are onlytwo circumstances that your employer will find out about your filing. One, if your employer is owed money, that is, if your employer is your creditor. Second, if you tell your employer yourself. Also, there is special protection under Section 525 of the bankruptcy code. That provision makes it a federal offense for an employer, whether public or private, to discriminate against an employee who has filed bankruptcy.
    Answer Applies to: California
    Replied: 5/31/2011
    Daniel Hoarfrost, Attorney at Law
    Daniel Hoarfrost, Attorney at Law | Daniel Hoarfrost
    Your employer does not automatically receive a notice about the bankruptcy (at least in a Ch 7), although frequently word gets back to them. The law states that they are not to discriminate against you because of a bankruptcy.It's rarely a problem, unless you are in the banking industry or are required to be bonded.
    Answer Applies to: Oregon
    Replied: 5/31/2011
    Symmes Law Group, PLLC
    Symmes Law Group, PLLC | Richard James Symmes
    Filing bankruptcy is public record. With that said it is unlikely that your boss will find out you filed bankruptcy unless they do a background check or order a credit report for you. Unfortunately there is not really anything you can do to prevent them from finding out if they are seeking the information.
    Answer Applies to: Washington
    Replied: 5/31/2011
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