Aurora Bankruptcy Lawyer Discusses Discrimination And Filing Bankrup...

I have been questioned as an Aurora bankruptcy attorney, if I can be discriminated against for filing bankruptcy.  Chapter 13 bankruptcy is your federal right to file under the Bankruptcy Code.  You cannot be discriminated upon based on the mere fact that you filed a Chapter 13 bankruptcy.  An employer cannot terminate you based on the fact that you filed for Chapter 13 and an employer cannot discriminate based on hiring due to the fact that you filed for Chapter 13 bankruptcy. 

Certain applications at certain employers might ask if you have ever filed for bankruptcy before.  They do have the right to ask that question simply to fact find and determine whether or not you are a good candidate based on a series of different factors, but they cannot discriminate upon you or not hire you simply for the fact that you filed a Chapter 13 bankruptcy. 

If you can determine that you were discriminated upon based on the fact that you filed for Chapter 13 bankruptcy protection, then you would have a lawsuit possibility under your hands.  The problem comes in actually proving that you were discriminated upon based upon the bankruptcy filing.  Most employers are not going to mention that you are not being hired or rather being terminated based on your bankruptcy filing.  Your employer will likely state some other reason or cause for your either firing or you’re not being hired.  

However, don’t let the fact that an employer may illegally discriminate upon you discourage you from taking advantage of the relief that’s available under Chapter 13 of the Bankruptcy Code.  Chapter 13 is a great way to get out of debt, reorganize your debt, save your home, and restructure the amount that you pay for your auto loan and other debts over a period of 3 to 5 years.  The risk that you might not get hired or the risk that you might get fired illegally is very small and in my experience, I have not seen a lot of my clients experience a lot of trouble after filing a Chapter 13 bankruptcy.