Many debtors are concerned with how their Chapter 7 or Chapter 13 filing will impact their job. It is important to understand that the law prevents your employer from firing you solely because you filed a personal bankruptcy case.
You may also be concerned with whether or not your employer will find out about your bankruptcy case. Although bankruptcy filings are a matter of public record, it is unlikely that your employer will search the records and discover your filing.
The bankruptcy courts use the Public Access to Court Electronic Records (PACER) system to manage case filings. In order for an individual to access the bankruptcy records, he or she must obtain a PACER account and pay the necessary fees. Additionally, another party could appear in person at the courthouse and request to see your file, but most people will not make the effort to do so.
Finally, some states still publish bankruptcy filing notices in legal publications, but these notices are typically only read by lawyers. Additionally, these notices only list the debtor’s last name, the case number, and when a hearing is scheduled. This minimal amount of information would require an interested party to conduct further investigation to learn more about your bankruptcy case.
It should be noted that all of your creditors will be provided written notice of your Chapter 7 or Chapter 13 filing. This means that if you owe money to your employer, your employer will be given notice of your case. Also, if you file a Chapter 13 and you your repayment plan payments are made by automatic deductions from your paycheck, your employer will learn about your filing.
If you have questions about filing for bankruptcy protection, we have the answers. Call us today to schedule your initial consultation. Our office is located in Melbourne, but we proudly serve individuals and businesses across the State of Florida.