If you are considering bankruptcy you might also be wondering if you will lose your job, or be kicked out of your rent home for filing a case. With many potential employers performing background and credit check upon hire, and landlords doing the same, it is only natural to wonder if filing a case will lead to adverse action being taken against you. The answer depends on the type of business or entity you are dealing with, and it is important to know what to expect if this is one of your concerns.
If you are dealing with a governmental agency when wondering if your bankruptcy filing will cause any type of action you consider discriminatory, keep in mind that those agencies are prohibited from doing the following, based solely on the fact that you have filed bankruptcy:
● Government assistance cannot be revoked or suspended on the basis that the recipient has filed for the protection of bankruptcy.
● You cannot be evicted from public housing just because you have filed for bankruptcy. Any denial of an application for this type of housing also cannot be based on the fact a bankruptcy appears on your history.
● You cannot be denied a driver’s license based on the fact you filed bankruptcy.
● Filing bankruptcy cannot be the basis for denial of an application for federal student loan aid.
Private companies and entities have a bit more wiggle room when it comes to what they can and cannot do if you have filed bankruptcy. For example, you cannot be fired for filing a case, but a private employer can refuse to hire you if you have a bankruptcy on your record. You might also be denied housing by a private landlord if you have filed for bankruptcy, and it is also permissible for a private college or university to withhold your transcript if you file a case. The best thing you can do to avoid any of these things happening is to start working on your credit as soon as you can after you case is over. This will show that you are not a financial risk, and this can give reassurances to companies and organizations with whom you deal. If you believe you have been discriminated against wrongfully as a result of filing bankruptcy, you can take action against the offender. In order to find out what to do if you believe this has happened to you, call our office for a review of your case.
For more information about bankruptcy discrimination, contact us today at www.DsouzaLegalGroup.com. We will go over the facts of your case and let you you’re your next step.
