When faced with the reality of needing to file bankruptcy, most people have their financial issues at the forefront of their minds. How filing for bankruptcy could affect your current job or future employment may not be something you are thinking about in the present moment. In many cases, if you currently have a job, filing bankruptcy and the bad credit that comes along with it, won’t negatively impact your employment. The real concern is how credit problems and bankruptcy may affect future employment opportunities.
While the law regarding bankruptcy and employment may seem black and white, the reality is that rarely do we as human beings make decisions that are black and white; they usually fall into a grey area. For example, an employer by law cannot refuse to hire you because you filed for bankruptcy. However, there are no current laws that require employers to disclose the reasons that someone was or was not hired. Therefore, it is possible that someone may not be hired because of bankruptcy or bad credit (as long as those reasons were not disclosed).
In theory, the areas where filing personal bankruptcy in Naples might hinder a potential employee from gaining employment would be jobs where access to financial information or handling cash is part of the job description. For example, a bank or financial institute may not hire a person with bad credit or one who has filed bankruptcy. With that being said, the best advice is to always be candid about your financial circumstances, if a background or credit check is going to be performed.
If you feel that you or a loved one has been wrongly terminated after filing for bankruptcy or discriminated against for your financial turmoil, the burden of proof is on you, and legal counsel should be sought immediately.
Bankruptcy is often considered a taboo subject, but more often than not, bankruptcy is a good thing. Bankruptcy can provide a huge relief and an opportunity to start over for millions of people and businesses. What many people don’t realize is that there is an array of situations that may lead a person to file personal bankruptcy in Naples. Bankruptcy is a better alternative to being sued by a creditor (or multiple creditors), which can lead to a terrible judgment against a person’s character and will stay on the individual’s public record permanently.
Once a bankruptcy case has been filed, the case cannot be removed and will remain on credit reports from seven to ten years. This is true, whether the bankruptcy case has been completed (fully discharged) or the case has yet to be completed.
Throughout the actual proceedings of a bankruptcy case, a person can stop or discontinue the process. This “motion to dismiss bankruptcy proceedings” can be filed by either the individual or the Naples bankruptcy attorney.
When bankruptcy is dismissed in this manner, all debts that are owed to creditors will return to the previous state and must be paid as due. Furthermore, the protections provided by bankruptcy are withdrawn, and once again, the debtor will be subject to legal actions or lawsuits from creditors. Additionally, a bankruptcy that has been discharged can also be revoked within one year from the date of completion.
If you are considering bankruptcy for your financial situation, contact us today. We provide you with the correct information and sound legal advice to make sure that you come out on top.