Can I be fired as a result of filing for bankruptcy? You cannot be fired specifically for filing a bankruptcy under either Chapter 7 or Chapter 13 of the Bankruptcy Code states Carbon Hill bankruptcy attorney. It is strictly prohibited and unlawful for your employer to fire simply because you filed for bankruptcy. However, if your employer wants to fire you, they are going to find a reason other than your bankruptcy court filing. Your employer might state that you are no longer meeting expectations. Your employer might state that you have not been prompt or careful in the work that you’re doing. In other words, your employer cannot specifically come out and say that because you are filing Chapter 7 bankruptcy, we are going to terminate you. In reality, most employers are not even going to be aware of your bankruptcy filing. The only time that I as a bankruptcy attorney have to notify one of my client’s employers is to either stop a garnishment or to start a payroll control order for Chapter 13 purposes.
Let me talk about a garnishment that’s currently happening on a particular client. Once the bankruptcy case is filed and the automatic stay is created, I can fax this one-page document to a person’s employer which tells the employer to cease all further deductions that are coming out via court order other than a child support or a maintenance order. This is part of the bankruptcy process and it should be done immediately. So you actually would want me to contact your employer if you’re currently being garnished and we file the bankruptcy case on your behalf. This is how the garnishment is actually going to stop. Efforts from my office being sent to your employer with the automatic stay attached is what gets your garnishment to stop. That 15 percent that you were losing every pay period to a creditor is now going to be back into your pocket as disposable income for you and your family.
If you want to end the garnishment proceeding, then filing for bankruptcy is going to do the trick. You can even file bankruptcy online. Anyway, all that was previously taken out is lost. There is no way to recover those funds. However, you can prevent future funds from being deducted. To learn more about the ways that you can combat your debt and get a hold of your situation, then contact a local bankruptcy attorney to set an initial consultation. You will learn that you do have rights. Creditors do not have a monopoly on the law. You have the bankruptcy laws at your disposal. Once you know the bankruptcy facts, you can make an educated decision on whether or not to file.