The purpose of filing for bankruptcy is to provide individuals with a chance to reconcile with their creditors and begin anew. Nevertheless, the presence of bankruptcy on your credit report could impede your future plans, such as obtaining a mortgage or reaching specific career objectives.
While bankruptcy is often viewed negatively, it can also indicate that you have taken steps to improve your financial situation. If you are worried that a past bankruptcy might affect your job prospects, it’s worth noting that the Fair Credit Reporting Act prohibits bankruptcies that are over 10 years old from being included in an employee background check.
Your credit report may show a Chapter 7 bankruptcy for a maximum of 10 years, starting from the date of filing. A Chapter 13 bankruptcy will be removed from your report after seven years after the filing date. When the designated period of seven or 10 years has elapsed, the bankruptcy will be erased from your credit report automatically.
Additionally, federal law prohibits government employers from discriminating against job applicants solely based on bankruptcy. This rule applies to federal, state, and local levels. However, private employers do not have the same restrictions, so they are not prohibited from taking bankruptcy into account when making hiring decisions.
If you are planning to file for bankruptcy and are worried about it showing up on your background check, consulting with a skilled bankruptcy lawyer can offer invaluable guidance. An experienced New Jersey bankruptcy attorney from Straffi & Straffi Attorneys at Law can help you understand the different types of bankruptcy in New Jersey and how they may affect your job application. We can also assist in clarifying or addressing other concerns, such as avoiding disqualification of filing for bankruptcy. Contact us today at (732) 341-3800 to schedule a consultation.
Which Background Check Reports Show Bankruptcies?
When it comes to employment screening, employers have a variety of background checks at their disposal, each serving a specific purpose and revealing different types of information about a job candidate. These checks can involve verifying criminal records, scrutinizing academic achievements, assessing employment history, and evaluating credit status.
Criminal background checks are one of the most common forms and are primarily concerned with an individual’s criminal history, if any. They do not, however, reveal a person’s financial status or credit history. Academic verifications ensure that the educational qualifications presented by a candidate are genuine, while employment history checks confirm past work experience and job performance.
Credit checks, which are another form of background check, are particularly relevant when discussing the visibility of bankruptcies to employers. Bankruptcies will appear on a credit report. These reports provide insights into an individual’s financial reliability and creditworthiness, which can be pertinent for roles that involve financial decision-making, handling of money, or access to sensitive financial information.
The decision to include a credit check as part of the pre-employment screening process typically depends on the nature of the job. Positions that do not require handling finances or those without fiscal responsibilities may not necessitate a credit check. Hence, the bankruptcy history may remain undisclosed in such cases.
It’s important to note that employers must adhere to the Fair Credit Reporting Act (FCRA) when conducting credit checks. This means that they must obtain written consent from the applicant before carrying out the check. For individuals with a bankruptcy in their past, being upfront and offering context to potential employers can be a strategic approach to addressing what might otherwise be a point of concern in the hiring process.
Federal Law Surrounding Background Checks
The Fair Credit Reporting Act (FCRA) safeguards the confidentiality of personal information collected, held, and reported by consumer reporting agencies (CRAs), such as background check providers, to protect consumers. The FCRA is enforced by the Consumer Financial Protection Bureau.
In accordance with 15 U.S. Code § 1681c, the FCRA limits employers who hire for jobs with annual salaries less than $75,000 from reporting tax liens paid, civil lawsuits, civil judgments, and Chapter 13 bankruptcies that are more than seven years old (Chapter 7 bankruptcies can be reported for up to ten years).
If the bankruptcy continues to appear on your credit report beyond the period they are expected to be removed, you have the option to file a dispute with the credit bureaus (Experian, Equifax, and TransUnion) to request its removal.
Before carrying out a background check, employers must also notify the applicant and obtain their written approval.
Moreover, the FCRA regulates an employer’s actions when they find out about an applicant’s bankruptcy or other negative information during a background check. To deny an application based on prior bankruptcy or other adverse findings, employers must follow the adverse action process before making a final decision.
Under 11 U.S.C. § 525(b), private employers are prohibited from discriminating or terminating employees solely based on their bankruptcy filing.
However, private employers can consider an applicant’s past bankruptcy as one of several factors when considering them for employment if it is related to the duties of the job.
Under 11 U.S.C. § 525(a), government employers cannot discriminate or modify an employee’s employment terms based on a bankruptcy filing. Additionally, government employers cannot deny applicants employment solely based on their prior bankruptcy filing.
State Laws on Employer Use of Bankruptcy Records in Hiring Decisions
In New Jersey, the use of bankruptcy records in hiring decisions is governed by specific state laws that align closely with the federal Fair Credit Reporting Act (FCRA). These laws are crucial for both employers and job seekers to understand, particularly in contexts where financial history might impact employment opportunities.
Under New Jersey law, employers considering the use of credit reports or bankruptcy information must first secure the explicit written consent of the job applicant. This requirement helps ensure that applicants are aware that their financial records may be reviewed as part of the hiring process. This consent must be obtained before any such reports are accessed by the employer.
Additionally, New Jersey law mandates that employers provide applicants with a written notification that credit reports can contain personal information, including their character, mode of living, and general reputation. This step is intended to make the implications of such checks transparent to applicants, affording them a clearer understanding of what information the employer will access.
If an employer decides to take adverse action (such as denying employment) based on information found in a credit report, they are legally required to inform the applicant of this decision. The employer must also provide the applicant with a copy of the credit report upon request. This disclosure enables applicants to verify the accuracy of the report and contest any errors.
These regulations highlight New Jersey’s commitment to protecting the rights of job seekers, promoting fair and transparent use of financial history in employment decisions. This approach helps maintain a balance between the employer’s need to assess risk and the privacy rights of the applicant.
Could My Bankruptcy Record Affect My Ability To Rent a Home?
When seeking to rent a home, landlords may consider your bankruptcy history when deciding whether or not to rent to you. Landlords may be more hesitant to rent to individuals with more recent bankruptcy filings. However, if your financial record is sound, the bankruptcy filing occurred more than two years ago, and you don’t have a significant history of evictions, it may not have a significant impact.
It’s a good idea to disclose your bankruptcy history when discussing renting with a landlord and if they mention a background or credit check. If you can demonstrate that you’ll be able to make rent payments and have a stable income, it may outweigh any concerns about your bankruptcy record.
Typically, a responsible landlord will prioritize your income and ability to pay rent over any past bankruptcy. Bankruptcy may even benefit you by freeing you of other financial obligations and making it easier to afford rent payments. If you have a track record of making timely rent payments despite financial difficulties in the past, landlords may be more understanding and willing to rent to you.
Do Employers Check for Bankruptcies?
When applying for a job, you might wonder if your financial history, particularly bankruptcy, could influence your chances of employment. The truth is that employers can indeed check for bankruptcies during the hiring process. This is because bankruptcies are a matter of public record, meaning they are accessible indefinitely despite only appearing on credit reports for a limited period.
In New Jersey, while employers have the legal right to access this information, they are prohibited from discriminating against candidates based on their bankruptcy history. This means that even if an employer discovers a bankruptcy record, they cannot use it as a basis to treat you unfavorably or make hiring decisions solely on this ground.
Employers might review a candidate’s bankruptcy information to gain insights into their financial responsibility and management skills. This is particularly relevant for positions that require significant financial decision-making or handling of sensitive financial information. In such roles, understanding how a candidate has managed their finances in the past can be crucial.
However, it’s important to note that while bankruptcy can be reviewed, it should not be the sole determinant in the hiring process. Anti-discrimination laws are in place to help ensure that candidates who have experienced financial difficulties are not unfairly treated or excluded from potential job opportunities.
How Does Bankruptcy Affect Your Job and Future Credit
Bankruptcy can have significant implications for both your employment status and credit score, but it’s crucial to understand the specific effects in each area. Firstly, it’s important to note that simply filing for bankruptcy does not automatically lead to job loss. Employers are legally prohibited from using your bankruptcy filing as a reason to make negative changes to your employment, such as reducing your salary, demoting you, or terminating your position.
However, it’s important to recognize that legitimate reasons for termination, unrelated to bankruptcy, can still apply. Instances of incompetence, dishonesty, or chronic tardiness may lead to job loss regardless of your bankruptcy filing. If you believe your termination was unjust and directly linked to your bankruptcy, you might have a case against your employer for illegal bankruptcy discrimination.
The level of awareness your employer has about your bankruptcy filing can vary depending on the type of bankruptcy you choose. For instance, in Chapter 7 bankruptcy, your employer might not be aware of your filing in most cases. However, if a creditor has taken legal action and started wage garnishment, your employer will be informed about your bankruptcy as they are required to cease the garnishment.
On the other hand, Chapter 13 bankruptcy might make your employer more aware of your financial situation, especially if you have a steady income. The court may order your payments to be automatically deducted from your wages to ensure adherence to the Chapter 13 repayment plan.
In terms of credit scores, the type of bankruptcy you file also plays a significant role. Chapter 7 bankruptcy, also known as “liquidation” bankruptcy, is suitable for individuals who cannot repay their debts. In this process, some assets may need to be surrendered to contribute to creditor payments. While not all debts may be fully covered, eligible debts will be discharged by the court.
However, Chapter 7 bankruptcy can have a more pronounced negative impact on your credit score, as it remains on your credit report for up to 10 years. Financial institutions perceive individuals who have filed for Chapter 7 as having higher credit risks, leading to a more substantial decrease in credit scores, especially for those who had higher scores before filing.
On the other hand, Chapter 13 bankruptcy, also called the “wage earner’s” bankruptcy, involves a repayment plan and is best suited for individuals with regular income. The repayment plan typically spans three to five years. Chapter 13 bankruptcy stays on your credit report for up to seven years, which is shorter than Chapter 7 due to the commitment to repay debts.
Financial institutions may view individuals under Chapter 13 more favorably because of their dedication to repaying their debts. Following a Chapter 13 bankruptcy filing, the credit score may drop by around 150 to 200 points, with a common post-bankruptcy score of approximately 579.
| How Does Bankruptcy Affect Your Job and Future Credit | Details |
|---|---|
| Job Loss and Bankruptcy | Filing for bankruptcy doesn’t automatically lead to job loss; employers can’t discriminate based on bankruptcy, but other valid reasons for termination still apply. |
| Employer Awareness of Bankruptcy | Chapter 7 bankruptcy might not be noticeable to employers; Chapter 13 bankruptcy may make financial situation more apparent, especially with wage garnishment. |
| Credit Score Impact of Bankruptcy | Chapter 7 bankruptcy can have a pronounced negative impact on credit score, staying on credit report for up to 10 years. Chapter 13 bankruptcy has a shorter credit report impact, staying for up to seven years; individuals may be viewed more favorably by financial institutions due to commitment to repayment. |
Will My Employer Know If I File Chapter 7?
Chapter 7 bankruptcy, often referred to as liquidation bankruptcy, is a legal process that, in most instances, does not directly involve your employer.
However, there are circumstances where your employer might be informed. For instance, if wage garnishment is in effect due to a creditor’s lawsuit, your employer would receive notification to cease the garnishment once you file for Chapter 7 bankruptcy.
Outside of such specific circumstances, there’s generally no reason for your employer to be informed about your bankruptcy filing. While bankruptcy filings are indeed public records, they aren’t readily accessible without a deliberate search. Given the sheer volume of these records, it’s highly unlikely that your employer would inadvertently discover your bankruptcy filing unless they had a pointed reason to investigate.
Importantly, federal law offers protection to employees who have filed for bankruptcy. Your employer is legally prohibited from firing you, demoting you, or reducing your salary solely on the grounds of your bankruptcy filing. This protection, however, does not exempt you from termination for other legitimate reasons unrelated to bankruptcy.
While there are scenarios where your employer might learn about your Chapter 7 bankruptcy filing, in most situations, they will likely remain unaware of your filing. Nonetheless, it’s crucial to consult with a knowledgeable bankruptcy attorney to fully understand all potential implications related to your bankruptcy filing.
Speaking to an Experienced Bankruptcy Attorney in New Jersey
Filing for bankruptcy can give you a new start and allow you to take back control of your finances. You can get help from an experienced bankruptcy attorney to understand which type of bankruptcy is most appropriate for your situation.
A skilled bankruptcy attorney can help guide you throughout the process of filing a bankruptcy. This includes preparing the required paperwork and representing you before the court. You can have your attorney negotiate with creditors in order to stop any harassment you may be facing. A bankruptcy lawyer can also help you create a reasonable payment plan and help you save your home and other assets if your property is being foreclosed.
At Straffi & Straffi Attorneys at Law, New Jersey bankruptcy attorney Daniel Straffi and our team of legal professionals have the experience and knowledge needed to help you explore what options are available to you. We may be able to assist in protecting your assets and the future of your loved ones. Contact us today at (732) 341-3800 to schedule a consultation with a top-rated New Jersey bankruptcy attorney.
from Straffi & Straffi Attorneys at Law https://www.straffilaw.com/do-bankruptcies-show-up-on-background-checks/
No comments:
Post a Comment