#Chapter 7 Bankruptcy Lawyer West Virginia

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If you want to know the information you need when filing bankruptcy in West Virginia, connect with our experienced bankruptcy lawyers in New Martinsville at (304) 527-8818.

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Best Bankruptcy Attorney Parkersburg WV Looking for the best bankruptcy attorney in Parkersburg, WV? We have years of experience in handling bankruptcy cases. Contact us today to find out how we can help you.  Because we're a bankruptcy law firm with over half a century of history, our West Virginia bankruptcy attorneys have worked on a wide range of cases. We have successfully handled hundreds of bankruptcy cases, helping individuals overcome financial burdens, eliminating debts completely or helping them create repayment plans. A Chapter 7 bankruptcy is the most frequently filed bankruptcy in the United States. Chapter 7 bankruptcy centers around helping those with debt who have little to no income to pay back to their creditors. Chapter 13 Bankruptcy is best suited for individuals who have a steady income and property that they may want to hang on to. Under a Chapter 13 bankruptcy, you will be able to keep your property, but will have to prepare a payment plan to repay all or some of your debts within a 3 to 5 year period. The bankruptcy process involves disclosing a lot of personal financial information, and you’ll want to make sure you’re working with someone you feel comfortable with. That may mean you need to speak with a few candidates before you find the one who’s right for you. We are located in Parkersburg, West Virginia but serve other surrounding areas including: Vienna, Charleston, Marietta, Belpre and others. Also find these places: bankruptcy parkersburg wv bankruptcy lawyer parkersburg wv best bankruptcy lawyer in parkersburg

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Latest Round of LSC TIG Grants Show How Tech Can Help Expand Access to Justice

If you want to know how technology can be used to increase access to justice, you need look no farther than the Legal Services Corporation’s Technology Initiative Grants program. Since 2000, when Congress first appropriated special funds for the TIG program, it has been the most significant and consistent source of funds aimed at innovation in the delivery of legal assistance to low-income individuals, having put more than $60 million into more than 700 technology projects.

Recently, the LSC announced the latest round of TIG grants. This year, it awarded 26 grants to 24 legal services organizations in 21 states totalling $3,891,457. The projects provide tangible evidence of how technology can help drive access to justice. Among this year’s grantees are projects that enhance online self-help resources, expand services to rural communities, and facilitate clients’ ability to seek legal help via text messaging and voice assistants such as Google’s Siri and Amazon’s Alexa.

Here are the 2018 TIG projects (descriptions via LSC):

Legal Services Alabama

Legal Services Alabama will receive $24,999 to strengthen its capacity to serve clients. The program will undertake a comprehensive technological assessment and develop a strategy to address its immediate technology needs and long-term goals.

Alaska Legal Services Corporation

Alaska Legal Services Corporation will receive $169,879 to streamline communication with people in need of civil legal assistance. The project will enhance the electronic client referral system for states piloting Legal Navigator portals—an initiative launched by LSC, Microsoft, and Pro Bono Net to direct individuals with civil legal needs to the most appropriate forms of assistance.

Central California Legal Services

Central California Legal Services will receive $25,000 to maximize its use of technology for client service. An expert will help conduct an inventory of the organization’s existing software and hardware, identify gaps and inefficiencies in current technology use, develop recommendations, and establish a training protocol to ensure effective use of technology.

Inland Counties Legal Services

California’s Inland Counties Legal Services will receive $25,000 to create a strategic decision-making guide for technology projects. The organization will hire an industry leader to help staff evaluate the quality of the organization’s legal technology products and provide an assessment of potential technology enhancements.

Colorado Legal Services

Colorado Legal Services will receive $56,762 to develop a mobile chat system powered by artificial intelligence. The system will provide unrepresented debtors with access to useful legal information and services when creditors sue them. The organization will also produce an online court form for individuals defending a collection lawsuit.

A second grant of $23,400 will allow Colorado Legal Services to undertake an assessment of the organization’s overall use of technology. The goal is to prioritize improvements that will directly aid clients, including network infrastructure, internet services, security and privacy protections, staff technology training, remote data accessing, and mobile device usage.

Legal Services of Greater Miami

Legal Services of Greater Miami will receive $142,862 to enhance Florida’s statewide online client intake and legal triage system by integrating two partner agencies: Community Legal Services of Mid-Florida and Legal Services of North Florida. This project will also add tools to ensure the efficiency of online client applications for assistance, including an improved referral system and the use of artificial intelligence to automatically review key client information.

Legal Services of North Florida

Legal Services of North Florida will receive $184,402 to facilitate access to higher quality search results for people seeking legal help. The project will improve results on major search engines like Google and Bing, as well as results from voice assistants like Apple’s Siri and Amazon’s Alexa.

Legal Aid Society of Hawaii

Legal Aid Society of Hawaii will receive $60,000 to enhance access to legal aid services through search engines and voice-assistant queries like Apple’s Siri and Amazon’s Alexa. In partnership with Stanford Law School’s Legal Design Lab, the organization will pilot methods to protect people from accessing low-quality, potentially predatory legal websites.

Legal Assistance Foundation

The Illinois Legal Assistance Foundation will receive $264,000 to leverage artificial intelligence to upgrade the IllinoisLegalAid.org website and improve legal services organizations’ client intake.

Indiana Legal Services

Indiana Legal Services will receive $25,000 to develop a roadmap for an enhanced statewide legal information website. The project seeks to improve the client referral system by offering self-help forms and a broad range of legal guidance. The grant will also fund sharpening online triage tools used for prioritizing client needs, with assistance from Microsoft.

Legal Aid of the Bluegrass

In Kentucky, Legal Aid of the Bluegrass will receive $24,000 to assess and upgrade its technology systems. The focus will be on revamping its case management system, communications platforms, and document management tools.

Pine Tree Legal Assistance

Pine Tree Legal Assistance in Maine will receive $98,495 to enhance the statewide, online legal triage website by improving the accessibility of self-help information and legal referrals for users. This project will explore the use of artificial intelligence (AI) to simplify users’ experience, especially when they have limited knowledge of legal concepts. It will connect users to the most accurate resources available to help them. A “chatbot” will allow AI to interact with users while also ensuring their privacy.

Community Legal Aid

In Massachusetts, Community Legal Aid will receive $138,500 to improve the accessibility and functionality of the Massachusetts Legal Resource Finder. The Resource Finder provides people seeking legal help with targeted contact information for legal aid programs, government agencies, and court programs. It also provides relevant legal information and self-help materials.

Montana Legal Services Association

Montana Legal Services Association will receive $144,104 to extend the reach of the Montana Court Self Help Program to 11 rural communities. The project will place technology in remote locations across Montana to connect residents to self-help law centers in more populated sections of the state.

A second grant for $130,610 will allow the organization to introduce artificial intelligence-powered legal tools through a new online pro bono legal advice platform, AskKarla.org. This will help clients properly frame their legal issues and access relevant resources.

Legal Services of the Hudson Valley

In New York, Legal Services of the Hudson Valley will receive $70,000 to implement Microsoft’s SharePoint Online program, an organization-wide knowledge management system. The project will facilitate access for all staff across all offices and make client services more efficient.

Legal Aid of North Carolina

Legal Aid of North Carolina will receive $180,000 to continue developing the A2J Author document assembly product, cloud-based software that helps self-represented litigants prepare court forms and other legal documents. The project will expand the availability of user-friendly legal forms for North Carolinians facing civil legal issues.

The Legal Aid Society of Cleveland

The Legal Aid Society of Cleveland, Ohio, will receive $207,750 to help better assess the impact of legal assistance that is limited to brief engagement with clients rather than full representation. The project builds on an existing program that uses automated text message exchanges with clients to study outcomes resulting from brief service.

Ohio State Legal Services Association

Ohio State Legal Services Association will receive $783,200 to support outreach, operations, training, and improvements for LawHelp Interactive (LHI). LHI is the national online document assembly initiative used by more than 40 states to provide reliable and secure online forms that help legal aid lawyers, pro bono programs, and those without lawyers create online forms.

Philadelphia Legal Assistance Center

Philadelphia Legal Assistance Center will receive $210,000 to expand software tools on the Upsolve.org system. Upsolve helps individuals who cannot afford an attorney to complete Chapter 7 bankruptcy filings. Enhancements will include streamlining the bankruptcy questionnaire and improving Upsolve’s operation on mobile devices.

West Tennessee Legal Services

West Tennessee Legal Services will receive $118,272 to create an organization-wide knowledge information system through Microsoft’s SharePoint Online program. The project will mitigate the challenges of delivering legal services in rural areas by facilitating collaboration among staff across all four offices and providing a technology-based framework to improve remote staff supervision.

Utah Legal Services

Utah Legal Services will receive $306,047 to employ artificial intelligence to create an online application and client-referral process through the LegalServer Case Management System. The system will guide users seeking legal help through the process of identifying their legal issues and help match them with the right resources for them.

Legal Services of Northern Virginia

Legal Services of Northern Virginia will receive $102,000 to create online visual guides to teach users how to navigate complex civil legal issues such as housing and consumer law. The guides will work on mobile devices.

Northwest Justice Project

The Northwest Justice Project in Washington will receive $266,000 to add new components to LSNTAP.org, a national technology support resource for the national legal aid community. This grant will also support a technology training webinar series and in-depth technology guides.

Legal Aid of Wyoming

Legal Aid of Wyoming will receive $25,000 to plan a new online intake process to better serve clients across the state. The goal is to make services more accessible to clients, including through mobile-friendly self-help materials.

from Law and Politics https://www.lawsitesblog.com/2018/11/latest-round-lsc-tig-grants-show-tech-can-help-expand-access-justice.html via http://www.rssmix.com/

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Can I Be Denied a Job Because of Bankruptcy?

If you have a job, need to file bankruptcy, and are worried about getting fired because of it, you probably shouldn’t be. The U.S. Bankruptcy Code prevents employers from firing you just because you have filed for bankruptcy. However, if you are a job seeker, need to file bankruptcy, and are worried about being denied a job, you might have cause for concern.

It May Depend on Your Employer

Under the current state of the law, a private employer can deny you a job if you are currently in or have filed for bankruptcy, whereas a public employer cannot. Section 525(a) of the Bankruptcy Code provides:

a governmental unit may not . . . deny employment to, terminate the employment of, or discriminate with respect to employment against, a person that is or has been a debtor under this title [Title 11] or a bankrupt or a debtor under the Bankruptcy Act.

Notice that section 525(a) applies only to public employers. The behavior of private employers is governed by section 525(b), which prohibits discrimination based on bankruptcy, but does not contain the language of 525(a), which addresses denying employment to a debtor based on a bankruptcy filing. The bankruptcy code has this to say about discrimination by private employers:

No private employer may terminate the employment of, or discriminate with respect to employment against, an individual who is or has been a debtor under this title, a debtor or bankrupt under the Bankruptcy Act, or an individual associated with such debtor or bankrupt

Private Employers Denying a Job Based on Bankruptcy

Although a plain reading of 525(b) would seem to prevent denial of employment by private employers based on bankruptcy, the case law actually trends in the opposite direction. The great majority of cases have held that private employers are not subject to liability under Section 525(b) for a denial of employment. See Rea v. Federated Investors, 627 F.3d 937 (3d Cir. 2010)

In Re Uplinger

In a recent case out of Virginia, In Re Uplinger, a Chapter 7 debtor alleged that the U.S. Department of Immigration discriminated against her in job interviews because of her bankruptcy filing. In dismissing the case, the court noted that the debtor, Ms. Uplinger, had not applied for employment with the U.S. Department of Immigration, but rather with a government contractor known as U.S. Investigation Services. The court found that U.S. Investigation Services did not qualify as a public employer and therefore section 525(a)of the bankruptcy code did not apply.

The Court can find no support for the application of Section 525(a) to a governmental unit where the applicant applied for a job with a government contractor.

Instead, the court found that section 525(b) applied and that U.S. Investigation Services was a private employer permitted to deny Ms. Uplinger employment based on her bankruptcy filing. While it wasn’t clear from the record that Ms. Uplinger was denied a job solely because of her bankruptcy filing, representatives from U.S. Investigation Services did download a copy of her credit report prior to interviewing her.

Practical Considerations on Bankruptcy and Jobs

While this article places a spotlight on bankruptcy, as a practical matter, an employer’s hiring or firing decision will be based on numerous factors. Although employers may review a candidate’s credit score or financial history during a screening process, it is important to remember that other factors such as experience, education and personal demeanor will also play a large part in getting a job.

Just because an employer has the right to deny you a job because of a bankruptcy does not mean that an employer will deny you a job because of bankruptcy. While the bankruptcy code’s uniform prohibition on termination due to bankruptcy provides greater protection to those who are already employed, it can be difficult to prove that a firing was motivated by bankruptcy if there are other documented issues, such as a poor attendance record.

The bottom line is that the importance of bankruptcy to a potential employer will hinge on the type of job you’re seeking as well as the substance of your resume. A bankruptcy may be more important to an employer who is hiring you in a fiduciary role than it is to someone who is hiring you into a retail or service industry position.

Free Consultation with a Utah Bankruptcy Lawyer

If you have a bankruptcy question, or need to file a bankruptcy case, call Ascent Law now at (801) 676-5506. Attorneys in our office have a lot of experience and want to help you with your case. We can help you now. Come in or call in for your free initial consultation.

Ascent Law LLC 8833 S. Redwood Road, Suite C West Jordan, Utah 84088 United States Telephone: (801) 676-5506

Ascent Law LLC

4.9 stars – based on 67 reviews

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Source: http://www.ascentlawfirm.com/can-i-be-denied-a-job-because-of-bankruptcy/

[jaclyncarolyn]

Can I Be Denied a Job Because of Bankruptcy?

If you have a job, need to file bankruptcy, and are worried about getting fired because of it, you probably shouldn’t be. The U.S. Bankruptcy Code prevents employers from firing you just because you have filed for bankruptcy. However, if you are a job seeker, need to file bankruptcy, and are worried about being denied a job, you might have cause for concern.

It May Depend on Your Employer

Under the current state of the law, a private employer can deny you a job if you are currently in or have filed for bankruptcy, whereas a public employer cannot. Section 525(a) of the Bankruptcy Code provides:

a governmental unit may not … deny employment to, terminate the employment of, or discriminate with respect to employment against, a person that is or has been a debtor under this title [Title 11] or a bankrupt or a debtor under the Bankruptcy Act.

Notice that section 525(a) applies only to public employers. The behavior of private employers is governed by section 525(b), which prohibits discrimination based on bankruptcy, but does not contain the language of 525(a), which addresses denying employment to a debtor based on a bankruptcy filing. The bankruptcy code has this to say about discrimination by private employers:

No private employer may terminate the employment of, or discriminate with respect to employment against, an individual who is or has been a debtor under this title, a debtor or bankrupt under the Bankruptcy Act, or an individual associated with such debtor or bankrupt

Private Employers Denying a Job Based on Bankruptcy

Although a plain reading of 525(b) would seem to prevent denial of employment by private employers based on bankruptcy, the case law actually trends in the opposite direction. The great majority of cases have held that private employers are not subject to liability under Section 525(b) for a denial of employment. See Rea v. Federated Investors, 627 F.3d 937 (3d Cir. 2010)

In Re Uplinger

In a recent case out of Virginia, In Re Uplinger, a Chapter 7 debtor alleged that the U.S. Department of Immigration discriminated against her in job interviews because of her bankruptcy filing. In dismissing the case, the court noted that the debtor, Ms. Uplinger, had not applied for employment with the U.S. Department of Immigration, but rather with a government contractor known as U.S. Investigation Services. The court found that U.S. Investigation Services did not qualify as a public employer and therefore section 525(a)of the bankruptcy code did not apply.

The Court can find no support for the application of Section 525(a) to a governmental unit where the applicant applied for a job with a government contractor.

Instead, the court found that section 525(b) applied and that U.S. Investigation Services was a private employer permitted to deny Ms. Uplinger employment based on her bankruptcy filing. While it wasn’t clear from the record that Ms. Uplinger was denied a job solely because of her bankruptcy filing, representatives from U.S. Investigation Services did download a copy of her credit report prior to interviewing her.

Practical Considerations on Bankruptcy and Jobs

While this article places a spotlight on bankruptcy, as a practical matter, an employer’s hiring or firing decision will be based on numerous factors. Although employers may review a candidate’s credit score or financial history during a screening process, it is important to remember that other factors such as experience, education and personal demeanor will also play a large part in getting a job.

Just because an employer has the right to deny you a job because of a bankruptcy does not mean that an employer will deny you a job because of bankruptcy. While the bankruptcy code’s uniform prohibition on termination due to bankruptcy provides greater protection to those who are already employed, it can be difficult to prove that a firing was motivated by bankruptcy if there are other documented issues, such as a poor attendance record.

The bottom line is that the importance of bankruptcy to a potential employer will hinge on the type of job you’re seeking as well as the substance of your resume. A bankruptcy may be more important to an employer who is hiring you in a fiduciary role than it is to someone who is hiring you into a retail or service industry position.

Free Consultation with a Utah Bankruptcy Lawyer

If you have a bankruptcy question, or need to file a bankruptcy case, call Ascent Law now at (801) 676-5506. Attorneys in our office have a lot of experience and want to help you with your case. We can help you now. Come in or call in for your free initial consultation.

Ascent Law LLC 8833 S. Redwood Road, Suite C West Jordan, Utah 84088 United States Telephone: (801) 676-5506

Ascent Law LLC

4.9 stars – based on 67 reviews

Recent Posts

Utah Foreclosure Process Explained

Establishing Legal Paternity in Utah for Child Support

Want to Get out of Debt?

Special Needs Trusts in Salt Lake City

Estate Planning for Single Parents

Salt Lake City Lawyers

from Michael Anderson http://www.ascentlawfirm.com/can-i-be-denied-a-job-because-of-bankruptcy/

from Lawyer South Jordan Utah https://lawyersouthjordan.tumblr.com/post/172675808512

[dinaskorts]

Can I Be Denied a Job Because of Bankruptcy?

If you have a job, need to file bankruptcy, and are worried about getting fired because of it, you probably shouldn’t be. The U.S. Bankruptcy Code prevents employers from firing you just because you have filed for bankruptcy. However, if you are a job seeker, need to file bankruptcy, and are worried about being denied a job, you might have cause for concern.

It May Depend on Your Employer

Under the current state of the law, a private employer can deny you a job if you are currently in or have filed for bankruptcy, whereas a public employer cannot. Section 525(a) of the Bankruptcy Code provides:

a governmental unit may not … deny employment to, terminate the employment of, or discriminate with respect to employment against, a person that is or has been a debtor under this title [Title 11] or a bankrupt or a debtor under the Bankruptcy Act.

Notice that section 525(a) applies only to public employers. The behavior of private employers is governed by section 525(b), which prohibits discrimination based on bankruptcy, but does not contain the language of 525(a), which addresses denying employment to a debtor based on a bankruptcy filing. The bankruptcy code has this to say about discrimination by private employers:

No private employer may terminate the employment of, or discriminate with respect to employment against, an individual who is or has been a debtor under this title, a debtor or bankrupt under the Bankruptcy Act, or an individual associated with such debtor or bankrupt

Private Employers Denying a Job Based on Bankruptcy

Although a plain reading of 525(b) would seem to prevent denial of employment by private employers based on bankruptcy, the case law actually trends in the opposite direction. The great majority of cases have held that private employers are not subject to liability under Section 525(b) for a denial of employment. See Rea v. Federated Investors, 627 F.3d 937 (3d Cir. 2010)

In Re Uplinger

In a recent case out of Virginia, In Re Uplinger, a Chapter 7 debtor alleged that the U.S. Department of Immigration discriminated against her in job interviews because of her bankruptcy filing. In dismissing the case, the court noted that the debtor, Ms. Uplinger, had not applied for employment with the U.S. Department of Immigration, but rather with a government contractor known as U.S. Investigation Services. The court found that U.S. Investigation Services did not qualify as a public employer and therefore section 525(a)of the bankruptcy code did not apply.

The Court can find no support for the application of Section 525(a) to a governmental unit where the applicant applied for a job with a government contractor.

Instead, the court found that section 525(b) applied and that U.S. Investigation Services was a private employer permitted to deny Ms. Uplinger employment based on her bankruptcy filing. While it wasn’t clear from the record that Ms. Uplinger was denied a job solely because of her bankruptcy filing, representatives from U.S. Investigation Services did download a copy of her credit report prior to interviewing her.

Practical Considerations on Bankruptcy and Jobs

While this article places a spotlight on bankruptcy, as a practical matter, an employer’s hiring or firing decision will be based on numerous factors. Although employers may review a candidate’s credit score or financial history during a screening process, it is important to remember that other factors such as experience, education and personal demeanor will also play a large part in getting a job.

Just because an employer has the right to deny you a job because of a bankruptcy does not mean that an employer will deny you a job because of bankruptcy. While the bankruptcy code’s uniform prohibition on termination due to bankruptcy provides greater protection to those who are already employed, it can be difficult to prove that a firing was motivated by bankruptcy if there are other documented issues, such as a poor attendance record.

The bottom line is that the importance of bankruptcy to a potential employer will hinge on the type of job you’re seeking as well as the substance of your resume. A bankruptcy may be more important to an employer who is hiring you in a fiduciary role than it is to someone who is hiring you into a retail or service industry position.

Free Consultation with a Utah Bankruptcy Lawyer

If you have a bankruptcy question, or need to file a bankruptcy case, call Ascent Law now at (801) 676-5506. Attorneys in our office have a lot of experience and want to help you with your case. We can help you now. Come in or call in for your free initial consultation.

Ascent Law LLC 8833 S. Redwood Road, Suite C West Jordan, Utah 84088 United States Telephone: (801) 676-5506

Ascent Law LLC

4.9 stars – based on 67 reviews

Recent Posts

Utah Foreclosure Process Explained

Establishing Legal Paternity in Utah for Child Support

Want to Get out of Debt?

Special Needs Trusts in Salt Lake City

Estate Planning for Single Parents

Salt Lake City Lawyers

via Michael Anderson http://www.ascentlawfirm.com/can-i-be-denied-a-job-because-of-bankruptcy/

[hazelsarina]

Can I Be Denied a Job Because of Bankruptcy?

If you have a job, need to file bankruptcy, and are worried about getting fired because of it, you probably shouldn’t be. The U.S. Bankruptcy Code prevents employers from firing you just because you have filed for bankruptcy. However, if you are a job seeker, need to file bankruptcy, and are worried about being denied a job, you might have cause for concern.

It May Depend on Your Employer

Under the current state of the law, a private employer can deny you a job if you are currently in or have filed for bankruptcy, whereas a public employer cannot. Section 525(a) of the Bankruptcy Code provides:

a governmental unit may not … deny employment to, terminate the employment of, or discriminate with respect to employment against, a person that is or has been a debtor under this title [Title 11] or a bankrupt or a debtor under the Bankruptcy Act.

Notice that section 525(a) applies only to public employers. The behavior of private employers is governed by section 525(b), which prohibits discrimination based on bankruptcy, but does not contain the language of 525(a), which addresses denying employment to a debtor based on a bankruptcy filing. The bankruptcy code has this to say about discrimination by private employers:

No private employer may terminate the employment of, or discriminate with respect to employment against, an individual who is or has been a debtor under this title, a debtor or bankrupt under the Bankruptcy Act, or an individual associated with such debtor or bankrupt

Private Employers Denying a Job Based on Bankruptcy

Although a plain reading of 525(b) would seem to prevent denial of employment by private employers based on bankruptcy, the case law actually trends in the opposite direction. The great majority of cases have held that private employers are not subject to liability under Section 525(b) for a denial of employment. See Rea v. Federated Investors, 627 F.3d 937 (3d Cir. 2010)

In Re Uplinger

In a recent case out of Virginia, In Re Uplinger, a Chapter 7 debtor alleged that the U.S. Department of Immigration discriminated against her in job interviews because of her bankruptcy filing. In dismissing the case, the court noted that the debtor, Ms. Uplinger, had not applied for employment with the U.S. Department of Immigration, but rather with a government contractor known as U.S. Investigation Services. The court found that U.S. Investigation Services did not qualify as a public employer and therefore section 525(a)of the bankruptcy code did not apply.

The Court can find no support for the application of Section 525(a) to a governmental unit where the applicant applied for a job with a government contractor.

Instead, the court found that section 525(b) applied and that U.S. Investigation Services was a private employer permitted to deny Ms. Uplinger employment based on her bankruptcy filing. While it wasn’t clear from the record that Ms. Uplinger was denied a job solely because of her bankruptcy filing, representatives from U.S. Investigation Services did download a copy of her credit report prior to interviewing her.

Practical Considerations on Bankruptcy and Jobs

While this article places a spotlight on bankruptcy, as a practical matter, an employer’s hiring or firing decision will be based on numerous factors. Although employers may review a candidate’s credit score or financial history during a screening process, it is important to remember that other factors such as experience, education and personal demeanor will also play a large part in getting a job.

Just because an employer has the right to deny you a job because of a bankruptcy does not mean that an employer will deny you a job because of bankruptcy. While the bankruptcy code’s uniform prohibition on termination due to bankruptcy provides greater protection to those who are already employed, it can be difficult to prove that a firing was motivated by bankruptcy if there are other documented issues, such as a poor attendance record.

The bottom line is that the importance of bankruptcy to a potential employer will hinge on the type of job you’re seeking as well as the substance of your resume. A bankruptcy may be more important to an employer who is hiring you in a fiduciary role than it is to someone who is hiring you into a retail or service industry position.

Free Consultation with a Utah Bankruptcy Lawyer

If you have a bankruptcy question, or need to file a bankruptcy case, call Ascent Law now at (801) 676-5506. Attorneys in our office have a lot of experience and want to help you with your case. We can help you now. Come in or call in for your free initial consultation.

Ascent Law LLC 8833 S. Redwood Road, Suite C West Jordan, Utah 84088 United States Telephone: (801) 676-5506

Ascent Law LLC

4.9 stars – based on 67 reviews

Recent Posts

Utah Foreclosure Process Explained

Establishing Legal Paternity in Utah for Child Support

Want to Get out of Debt?

Special Needs Trusts in Salt Lake City

Estate Planning for Single Parents

Salt Lake City Lawyers

from Michael Anderson http://www.ascentlawfirm.com/can-i-be-denied-a-job-because-of-bankruptcy/

from Divorce Lawyer Sandy Utah https://divorcelawyersandyutah.tumblr.com/post/172675843118

[mcintirelaw]

If you want to know about emergency bankruptcy filing in West Virginia? Schedule a free consultation with our experienced Bankruptcy Lawyer West Virginia at (304) 527-8818. 

[nicolasimonsen1]

Can I Be Denied a Job Because of Bankruptcy?

If you have a job, need to file bankruptcy, and are worried about getting fired because of it, you probably shouldn’t be. The U.S. Bankruptcy Code prevents employers from firing you just because you have filed for bankruptcy. However, if you are a job seeker, need to file bankruptcy, and are worried about being denied a job, you might have cause for concern.

It May Depend on Your Employer

Under the current state of the law, a private employer can deny you a job if you are currently in or have filed for bankruptcy, whereas a public employer cannot. Section 525(a) of the Bankruptcy Code provides:

a governmental unit may not … deny employment to, terminate the employment of, or discriminate with respect to employment against, a person that is or has been a debtor under this title [Title 11] or a bankrupt or a debtor under the Bankruptcy Act.

Notice that section 525(a) applies only to public employers. The behavior of private employers is governed by section 525(b), which prohibits discrimination based on bankruptcy, but does not contain the language of 525(a), which addresses denying employment to a debtor based on a bankruptcy filing. The bankruptcy code has this to say about discrimination by private employers:

No private employer may terminate the employment of, or discriminate with respect to employment against, an individual who is or has been a debtor under this title, a debtor or bankrupt under the Bankruptcy Act, or an individual associated with such debtor or bankrupt

Private Employers Denying a Job Based on Bankruptcy

Although a plain reading of 525(b) would seem to prevent denial of employment by private employers based on bankruptcy, the case law actually trends in the opposite direction. The great majority of cases have held that private employers are not subject to liability under Section 525(b) for a denial of employment. See Rea v. Federated Investors, 627 F.3d 937 (3d Cir. 2010)

In Re Uplinger

In a recent case out of Virginia, In Re Uplinger, a Chapter 7 debtor alleged that the U.S. Department of Immigration discriminated against her in job interviews because of her bankruptcy filing. In dismissing the case, the court noted that the debtor, Ms. Uplinger, had not applied for employment with the U.S. Department of Immigration, but rather with a government contractor known as U.S. Investigation Services. The court found that U.S. Investigation Services did not qualify as a public employer and therefore section 525(a)of the bankruptcy code did not apply.

The Court can find no support for the application of Section 525(a) to a governmental unit where the applicant applied for a job with a government contractor.

Instead, the court found that section 525(b) applied and that U.S. Investigation Services was a private employer permitted to deny Ms. Uplinger employment based on her bankruptcy filing. While it wasn’t clear from the record that Ms. Uplinger was denied a job solely because of her bankruptcy filing, representatives from U.S. Investigation Services did download a copy of her credit report prior to interviewing her.

Practical Considerations on Bankruptcy and Jobs

While this article places a spotlight on bankruptcy, as a practical matter, an employer’s hiring or firing decision will be based on numerous factors. Although employers may review a candidate’s credit score or financial history during a screening process, it is important to remember that other factors such as experience, education and personal demeanor will also play a large part in getting a job.

Just because an employer has the right to deny you a job because of a bankruptcy does not mean that an employer will deny you a job because of bankruptcy. While the bankruptcy code’s uniform prohibition on termination due to bankruptcy provides greater protection to those who are already employed, it can be difficult to prove that a firing was motivated by bankruptcy if there are other documented issues, such as a poor attendance record.

The bottom line is that the importance of bankruptcy to a potential employer will hinge on the type of job you’re seeking as well as the substance of your resume. A bankruptcy may be more important to an employer who is hiring you in a fiduciary role than it is to someone who is hiring you into a retail or service industry position.

Free Consultation with a Utah Bankruptcy Lawyer

If you have a bankruptcy question, or need to file a bankruptcy case, call Ascent Law now at (801) 676-5506. Attorneys in our office have a lot of experience and want to help you with your case. We can help you now. Come in or call in for your free initial consultation.

Ascent Law LLC 8833 S. Redwood Road, Suite C West Jordan, Utah 84088 United States Telephone: (801) 676-5506

Ascent Law LLC

4.9 stars – based on 67 reviews

Recent Posts

Utah Foreclosure Process Explained

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Source: http://www.ascentlawfirm.com/can-i-be-denied-a-job-because-of-bankruptcy/

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Can I Be Denied a Job Because of Bankruptcy?

If you have a job, need to file bankruptcy, and are worried about getting fired because of it, you probably shouldn’t be. The U.S. Bankruptcy Code prevents employers from firing you just because you have filed for bankruptcy. However, if you are a job seeker, need to file bankruptcy, and are worried about being denied a job, you might have cause for concern.

It May Depend on Your Employer

Under the current state of the law, a private employer can deny you a job if you are currently in or have filed for bankruptcy, whereas a public employer cannot. Section 525(a) of the Bankruptcy Code provides:

a governmental unit may not … deny employment to, terminate the employment of, or discriminate with respect to employment against, a person that is or has been a debtor under this title [Title 11] or a bankrupt or a debtor under the Bankruptcy Act.

Notice that section 525(a) applies only to public employers. The behavior of private employers is governed by section 525(b), which prohibits discrimination based on bankruptcy, but does not contain the language of 525(a), which addresses denying employment to a debtor based on a bankruptcy filing. The bankruptcy code has this to say about discrimination by private employers:

No private employer may terminate the employment of, or discriminate with respect to employment against, an individual who is or has been a debtor under this title, a debtor or bankrupt under the Bankruptcy Act, or an individual associated with such debtor or bankrupt

Private Employers Denying a Job Based on Bankruptcy

Although a plain reading of 525(b) would seem to prevent denial of employment by private employers based on bankruptcy, the case law actually trends in the opposite direction. The great majority of cases have held that private employers are not subject to liability under Section 525(b) for a denial of employment. See Rea v. Federated Investors, 627 F.3d 937 (3d Cir. 2010)

In Re Uplinger

In a recent case out of Virginia, In Re Uplinger, a Chapter 7 debtor alleged that the U.S. Department of Immigration discriminated against her in job interviews because of her bankruptcy filing. In dismissing the case, the court noted that the debtor, Ms. Uplinger, had not applied for employment with the U.S. Department of Immigration, but rather with a government contractor known as U.S. Investigation Services. The court found that U.S. Investigation Services did not qualify as a public employer and therefore section 525(a)of the bankruptcy code did not apply.

The Court can find no support for the application of Section 525(a) to a governmental unit where the applicant applied for a job with a government contractor.

Instead, the court found that section 525(b) applied and that U.S. Investigation Services was a private employer permitted to deny Ms. Uplinger employment based on her bankruptcy filing. While it wasn’t clear from the record that Ms. Uplinger was denied a job solely because of her bankruptcy filing, representatives from U.S. Investigation Services did download a copy of her credit report prior to interviewing her.

Practical Considerations on Bankruptcy and Jobs

While this article places a spotlight on bankruptcy, as a practical matter, an employer’s hiring or firing decision will be based on numerous factors. Although employers may review a candidate’s credit score or financial history during a screening process, it is important to remember that other factors such as experience, education and personal demeanor will also play a large part in getting a job.

Just because an employer has the right to deny you a job because of a bankruptcy does not mean that an employer will deny you a job because of bankruptcy. While the bankruptcy code’s uniform prohibition on termination due to bankruptcy provides greater protection to those who are already employed, it can be difficult to prove that a firing was motivated by bankruptcy if there are other documented issues, such as a poor attendance record.

The bottom line is that the importance of bankruptcy to a potential employer will hinge on the type of job you’re seeking as well as the substance of your resume. A bankruptcy may be more important to an employer who is hiring you in a fiduciary role than it is to someone who is hiring you into a retail or service industry position.

Free Consultation with a Utah Bankruptcy Lawyer

If you have a bankruptcy question, or need to file a bankruptcy case, call Ascent Law now at (801) 676-5506. Attorneys in our office have a lot of experience and want to help you with your case. We can help you now. Come in or call in for your free initial consultation.

Ascent Law LLC 8833 S. Redwood Road, Suite C West Jordan, Utah 84088 United States Telephone: (801) 676-5506

Ascent Law LLC

4.9 stars – based on 67 reviews

Recent Posts

Utah Foreclosure Process Explained

Establishing Legal Paternity in Utah for Child Support

Want to Get out of Debt?

Special Needs Trusts in Salt Lake City

Estate Planning for Single Parents

Salt Lake City Lawyers

Source: http://www.ascentlawfirm.com/can-i-be-denied-a-job-because-of-bankruptcy/

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Can I Be Denied a Job Because of Bankruptcy?

If you have a job, need to file bankruptcy, and are worried about getting fired because of it, you probably shouldn’t be. The U.S. Bankruptcy Code prevents employers from firing you just because you have filed for bankruptcy. However, if you are a job seeker, need to file bankruptcy, and are worried about being denied a job, you might have cause for concern.

It May Depend on Your Employer

Under the current state of the law, a private employer can deny you a job if you are currently in or have filed for bankruptcy, whereas a public employer cannot. Section 525(a) of the Bankruptcy Code provides:

a governmental unit may not . . . deny employment to, terminate the employment of, or discriminate with respect to employment against, a person that is or has been a debtor under this title [Title 11] or a bankrupt or a debtor under the Bankruptcy Act.

Notice that section 525(a) applies only to public employers. The behavior of private employers is governed by section 525(b), which prohibits discrimination based on bankruptcy, but does not contain the language of 525(a), which addresses denying employment to a debtor based on a bankruptcy filing. The bankruptcy code has this to say about discrimination by private employers:

No private employer may terminate the employment of, or discriminate with respect to employment against, an individual who is or has been a debtor under this title, a debtor or bankrupt under the Bankruptcy Act, or an individual associated with such debtor or bankrupt

Private Employers Denying a Job Based on Bankruptcy

Although a plain reading of 525(b) would seem to prevent denial of employment by private employers based on bankruptcy, the case law actually trends in the opposite direction. The great majority of cases have held that private employers are not subject to liability under Section 525(b) for a denial of employment. See Rea v. Federated Investors, 627 F.3d 937 (3d Cir. 2010)

In Re Uplinger

In a recent case out of Virginia, In Re Uplinger, a Chapter 7 debtor alleged that the U.S. Department of Immigration discriminated against her in job interviews because of her bankruptcy filing. In dismissing the case, the court noted that the debtor, Ms. Uplinger, had not applied for employment with the U.S. Department of Immigration, but rather with a government contractor known as U.S. Investigation Services. The court found that U.S. Investigation Services did not qualify as a public employer and therefore section 525(a)of the bankruptcy code did not apply.

The Court can find no support for the application of Section 525(a) to a governmental unit where the applicant applied for a job with a government contractor.

Instead, the court found that section 525(b) applied and that U.S. Investigation Services was a private employer permitted to deny Ms. Uplinger employment based on her bankruptcy filing. While it wasn’t clear from the record that Ms. Uplinger was denied a job solely because of her bankruptcy filing, representatives from U.S. Investigation Services did download a copy of her credit report prior to interviewing her.

Practical Considerations on Bankruptcy and Jobs

While this article places a spotlight on bankruptcy, as a practical matter, an employer’s hiring or firing decision will be based on numerous factors. Although employers may review a candidate’s credit score or financial history during a screening process, it is important to remember that other factors such as experience, education and personal demeanor will also play a large part in getting a job.

Just because an employer has the right to deny you a job because of a bankruptcy does not mean that an employer will deny you a job because of bankruptcy. While the bankruptcy code’s uniform prohibition on termination due to bankruptcy provides greater protection to those who are already employed, it can be difficult to prove that a firing was motivated by bankruptcy if there are other documented issues, such as a poor attendance record.

The bottom line is that the importance of bankruptcy to a potential employer will hinge on the type of job you’re seeking as well as the substance of your resume. A bankruptcy may be more important to an employer who is hiring you in a fiduciary role than it is to someone who is hiring you into a retail or service industry position.

Free Consultation with a Utah Bankruptcy Lawyer

If you have a bankruptcy question, or need to file a bankruptcy case, call Ascent Law now at (801) 676-5506. Attorneys in our office have a lot of experience and want to help you with your case. We can help you now. Come in or call in for your free initial consultation.

Ascent Law LLC8833 S. Redwood Road, Suite CWest Jordan, Utah 84088 United StatesTelephone: (801) 676-5506

Ascent Law LLC

4.9 stars – based on 67 reviews

Recent Posts

Utah Foreclosure Process Explained

Establishing Legal Paternity in Utah for Child Support

Want to Get out of Debt?

Special Needs Trusts in Salt Lake City

Estate Planning for Single Parents

Salt Lake City Lawyers

Source: http://www.ascentlawfirm.com/can-i-be-denied-a-job-because-of-bankruptcy/

[annestach]

Can I Be Denied a Job Because of Bankruptcy?

If you have a job, need to file bankruptcy, and are worried about getting fired because of it, you probably shouldn’t be. The U.S. Bankruptcy Code prevents employers from firing you just because you have filed for bankruptcy. However, if you are a job seeker, need to file bankruptcy, and are worried about being denied a job, you might have cause for concern.

It May Depend on Your Employer

Under the current state of the law, a private employer can deny you a job if you are currently in or have filed for bankruptcy, whereas a public employer cannot. Section 525(a) of the Bankruptcy Code provides:

a governmental unit may not … deny employment to, terminate the employment of, or discriminate with respect to employment against, a person that is or has been a debtor under this title [Title 11] or a bankrupt or a debtor under the Bankruptcy Act.

Notice that section 525(a) applies only to public employers. The behavior of private employers is governed by section 525(b), which prohibits discrimination based on bankruptcy, but does not contain the language of 525(a), which addresses denying employment to a debtor based on a bankruptcy filing. The bankruptcy code has this to say about discrimination by private employers:

No private employer may terminate the employment of, or discriminate with respect to employment against, an individual who is or has been a debtor under this title, a debtor or bankrupt under the Bankruptcy Act, or an individual associated with such debtor or bankrupt

Private Employers Denying a Job Based on Bankruptcy

Although a plain reading of 525(b) would seem to prevent denial of employment by private employers based on bankruptcy, the case law actually trends in the opposite direction. The great majority of cases have held that private employers are not subject to liability under Section 525(b) for a denial of employment. See Rea v. Federated Investors, 627 F.3d 937 (3d Cir. 2010)

In Re Uplinger

In a recent case out of Virginia, In Re Uplinger, a Chapter 7 debtor alleged that the U.S. Department of Immigration discriminated against her in job interviews because of her bankruptcy filing. In dismissing the case, the court noted that the debtor, Ms. Uplinger, had not applied for employment with the U.S. Department of Immigration, but rather with a government contractor known as U.S. Investigation Services. The court found that U.S. Investigation Services did not qualify as a public employer and therefore section 525(a)of the bankruptcy code did not apply.

The Court can find no support for the application of Section 525(a) to a governmental unit where the applicant applied for a job with a government contractor.

Instead, the court found that section 525(b) applied and that U.S. Investigation Services was a private employer permitted to deny Ms. Uplinger employment based on her bankruptcy filing. While it wasn’t clear from the record that Ms. Uplinger was denied a job solely because of her bankruptcy filing, representatives from U.S. Investigation Services did download a copy of her credit report prior to interviewing her.

Practical Considerations on Bankruptcy and Jobs

While this article places a spotlight on bankruptcy, as a practical matter, an employer’s hiring or firing decision will be based on numerous factors. Although employers may review a candidate’s credit score or financial history during a screening process, it is important to remember that other factors such as experience, education and personal demeanor will also play a large part in getting a job.

Just because an employer has the right to deny you a job because of a bankruptcy does not mean that an employer will deny you a job because of bankruptcy. While the bankruptcy code’s uniform prohibition on termination due to bankruptcy provides greater protection to those who are already employed, it can be difficult to prove that a firing was motivated by bankruptcy if there are other documented issues, such as a poor attendance record.

The bottom line is that the importance of bankruptcy to a potential employer will hinge on the type of job you’re seeking as well as the substance of your resume. A bankruptcy may be more important to an employer who is hiring you in a fiduciary role than it is to someone who is hiring you into a retail or service industry position.

Free Consultation with a Utah Bankruptcy Lawyer

If you have a bankruptcy question, or need to file a bankruptcy case, call Ascent Law now at (801) 676-5506. Attorneys in our office have a lot of experience and want to help you with your case. We can help you now. Come in or call in for your free initial consultation.

Ascent Law LLC 8833 S. Redwood Road, Suite C West Jordan, Utah 84088 United States Telephone: (801) 676-5506

Ascent Law LLC

4.9 stars – based on 67 reviews

Recent Posts

Utah Foreclosure Process Explained

Establishing Legal Paternity in Utah for Child Support

Want to Get out of Debt?

Special Needs Trusts in Salt Lake City

Estate Planning for Single Parents

Salt Lake City Lawyers

Source: http://www.ascentlawfirm.com/can-i-be-denied-a-job-because-of-bankruptcy/