Personal Bankruptcy Tips #5






 

They Can’t Fire You for Filing Your Bankruptcy 

The law forbids your employer from firing you for filing for bankruptcy protection. When your employer receives a notice – the income deduction order – they may be tempted to let you go but that’s against the law. 

If your employer does discriminate against you in any significant way, be sure to discuss this with your bankruptcy lawyer as legal action may be required to keep you employed. 

But let me add this comment. When employers are eager to shed themselves of a particular employee for reasons that are not entirely moral or legal, they’ll usually fabricate some other reason for the termination. If your job performance suddenly comes under excessive scrutiny, discuss it with your lawyer.
 

 

 

Bankruptcy Court Security 

When you appear in a bankruptcy court you should be aware that security is going to be very tight. You’ll be required to go through a security screening very much like the one at an international airport. 

You will have to pass through a metal detector. Anything you carry with you may be inspected. If you carry a briefcase, that too may be opened and thumbed through. 

Something as simple as a pocket knife can cause a security problem so be careful about what you carry in your pockets and what any package you carry may contain. 

 

Post Bankruptcy Letter to Creditor
 

123 Main Street, Apt. 16
Anywhere, Fl 33068


April 10, 2011

Union Bank
56 Greed Street
Overhere, Fl 33068

To Whom It May Concern: 

I have been contacted several times by both phone and mail by Mr. Sidney of your collections department. Mr. Sidney asserted that I owe a debt of $3,185 on MasterCard Account 4567-8901-2345. 

As I’m sure you’re aware, this debt was legally discharged in bankruptcy (Case number 232-888 in the Southern District of Florida) on January 14, 2011. 

As a result, your collection efforts clearly violate federal law, 11 U.S.C. 524. If these collection activities continue I will not hesitate to protect my legal rights, including but not limited to bringing a lawsuit against your firm for harassment. 

Sincerely, 

Ronald Zermatt


If this kind of personal letter doesn’t get the desired result, a lawyer’s letter on official letterhead will usually quickly bring their collection efforts to a grinding halt. Such a letter is not expensive but has much more “clout” than anything you can say. 

For your information the courts often penalize collections firms that clearly go over the line so your threat of legal action has teeth and only a fool would ignore it.

 




 

Back

spacer.gif (46 bytes)