Program Success January 2009 | Page 36

PAGE 36 PROGRAM SUCCESS – JANUARY 2009 BANKRUPTCY continued from page 33 Fourth, bankruptcy affords consumers job security. People frequently ask, “can I lose my job if I file for bankruptcy and my employer finds out?” Therefore, it is important that individuals understand that bankruptcy is a matter of public record, which means that there is very little that one can do to maintain the privacy of his or her filing for bankruptcy protection. As for employment, the Bankruptcy Code addresses employment security as Section 525 of the Bankruptcy Code which provides that “no private employer may terminate the employment of, or discriminate with respect to employment” against a debtor. The issue is that most employers are not going to say that bankruptcy is the reason why an employee was terminated or not given a promotion, which requires the exercise of reasonable discretion when seeking bankruptcy protection while employed by financial institutions or other employers who express a strong interest in the financial affairs of its employees for the sake of its business relationship with the general public. While there are many other reasons to file bankruptcy, the fact of the matter is that there is always more good that arises from any bankruptcy than the short-term negatives. The advisability of bankruptcy filing, and the best time to file, are contingent on the amount and type of debt burdening an individual debtor. Debtors who select a particular Chapter of the Bankruptcy Code must be sure that they can satisfy its requirements for filing under that particular Chapter. If you are considering filing of bankruptcy and are in substantial debt, take your most recent paystub and list of creditors to an experienced bankruptcy attorney and be open minded. In short, it is important that we change our way of thinking about solving any debt or credit crisis by exploring all options, including but not limited to the filing of bankruptcy when seeking relief from debt to acquire a fresh new start.