Best Foreclosure Lawyers in Babylon, NY

Section 525 of the Bankruptcy Code prohibits private and government employers from discriminating against or terminating an employee who has filed for bankruptcy. However, keep in mind that a bankruptcy filing is a public record. Future employers will be able to find out that you have filed for bankruptcy before deciding whether to hire you.

The automatic stay prevents creditors from taking any steps to collect debts once the bankruptcy case has been filed. The prohibited actions include phone calls, collection letters, lawsuits, wage garnishments and restraints on bank accounts. Creditors can file a motion in the bankruptcy court to have the automatic stay lifted. However, these requests will be granted only under certain circumstances. Generally, unsecured creditors (e.g. credit cards) do not have cause to have the stay lifted.

Most bankruptcy cases do not require an appearance in court. However, you will have to attend a meeting of creditors approximately three to five weeks after you file for bankruptcy. Although the meeting may be held in the courthouse, the meeting is with the bankruptcy trustee, not in front of a judge. Usually, creditors do not attend the meeting. Generally, you will not be required to do anything after the meeting unless a creditor or the bankruptcy trustee files a motion or adversary proceeding against you. In that case, you or your attorney will be required to appear in court. Also, in a Chapter 13 case, you may be required to appear before the judge to have your Chapter 13 plan confirmed.

There are statutory limits on the period of time between bankruptcy filings. A person cannot file for bankruptcy if they have been a debtor in a pending bankruptcy case at any time in the preceding 180 days, and the case was dismissed by the court for willful failure of the debtor to abide by orders of the court or to appear before the court in proper prosecution of the case, or the debtor voluntarily dismissed the bankruptcy proceeding following a request by a creditor for relief from the automatic stay.