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#2257392 - 07/29/21 07:00 PM Employee Files Bankruptcy
Anonymous
Unregistered

Bank employee files for bankruptcy and now has a charged off loan. Do I have any legal options to hold him accountable? All the other employees have to pay their loans! He gets to continue to work and not pay his loan with his own employer?

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#2257395 - 07/29/21 07:03 PM Re: Employee Files Bankruptcy Anonymous
Retired DQ Offline
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Retired DQ
Joined: Dec 2002
Posts: 40,766
Turnpike Exit 10
Contact your legal counsel for their opinion.
_________________________
Get your facts first, then you can distort them as you please. - Mark Twain

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#2257404 - 07/29/21 07:46 PM Re: Employee Files Bankruptcy Anonymous
rlcarey Online
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rlcarey
Joined: Jul 2001
Posts: 83,227
Galveston, TX
Be very careful about retaliatory actions against someone that has filed bankruptcy - you could get into a world of hurt.
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The opinions expressed here should not be construed to be those of my employer: PPDocs.com

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#2257409 - 07/29/21 08:15 PM Re: Employee Files Bankruptcy Anonymous
rainman Offline
Power Poster
rainman
Joined: Nov 2004
Posts: 3,237
Here's why you should heed what Randy & DQ said (excerpt from the Bankruptcy Code, 11 USC 525):

(b)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, solely because such debtor or bankrupt—
. . .
(3)has not paid a debt that is dischargeable in a case under this title or that was discharged under the Bankruptcy Act.
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Nobody's perfect, not even a perfect stranger.

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#2257442 - 07/30/21 03:36 PM Re: Employee Files Bankruptcy Anonymous
Andy_Z Offline
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Andy_Z
Joined: Oct 2000
Posts: 27,748
On the Net
"He gets to continue to work and not pay his loan with his own employer?"

Yes. You have the cite above. Now, show of hands, who thinks bankruptcy is a Constitutional Right?

Well, look at Article 1, Section 8. We follow a lot of regs that protect consumers. And there are a lot protecting employees as well.

The reality is while bankruptcy filings may be available to the public, it does the bank no good to discuss an employee's finances with anyone in the bank who has no need to know. And the bank needs to be very cautious about any intimation that the employee should repay a discharged debt.
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AndyZ CRCM
My opinions are not necessarily my employers.
R+R-R=R+R
Rules and Regs minus Relationships equals Resentment and Rebellion. John Maxwell

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#2257523 - 08/02/21 06:21 PM Re: Employee Files Bankruptcy Anonymous
Anonymous
Unregistered

Sounds like an HR nightmare; employees potentially telling other employees about a coworkers financial situation.

Also, after the almost two years we have been through, is it all that uncommon for someone to file bankruptcy? Covid? Divorce? Death? How about some compassion instead of finger pointing. I'm sure the employee already feels bad enough.

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