Is it Legal for Someone to Ask Me About Past Bankruptcies?

Filing for bankruptcy has helped many San Diego residents receive the fresh financial start they need. Nonetheless, there are some consequences of bankruptcy that can hinder a person’s job search. One of the most frequently asked questions we receive is whether someone can ask a person about a past bankruptcy. 

Bankruptcies are Public

Bankruptcies are not confidential proceedings. Anyone can search for bankruptcy proceedings because they are a matter of public record. Many people will not spend much time or energy looking up your bankruptcy. You will not need to disclose or talk about your bankruptcy unless it is explicitly required. For example, you may be mandated to disclose a bankruptcy on an application for credit, security clearance, or employment.

Do I Have to Disclose a Bankruptcy to an Employer or Potential Employer?

No, you do not have a duty to proactively tell your employer that you had filed for bankruptcy in the past. However, your employer will be able to find out about your bankruptcy through a credit check or public record check. It is also possible that if you file for bankruptcy, the bankruptcy trustee will send your employer a wage deduction order so your employer can withhold payments from your paycheck.

Many job applications ask about prior bankruptcies. Additionally, many employers require a background check as part of a job application. If you decide to hide your bankruptcy on your application and get the job, and your employer later discovers the bankruptcy, they could terminate your employment. 

If you are wondering whether you should disclose a bankruptcy, consider how long ago the court discharged your debt. If your bankruptcy occurred 10 or more years ago, you should check your credit reports to see if credit bureaus are still reporting the information. Remember that a potential employer may ask your permission to run a credit check and discover that you have had a bankruptcy check. Sometimes, credit bureaus stop reporting bankruptcies after 10 years. You may want to submit a letter explaining why your bankruptcy is no longer relevant.

Many Employers Will Not Ask About Your Bankruptcy

Most potential employers will not dig too deeply into personal matters such as your financial history. One of the main ways that a person’s bankruptcy filing comes up happens when the applicant brings it up. For example, an employer may ask a potential employee why they want the job. Without giving it much consideration, you may answer honestly and say you have been unemployed and are not able to pay your bills and that you have declared bankruptcy. 

Contact a San Diego Bankruptcy Lawyer 

There is no reason that someone who has filed for bankruptcy cannot be a good employee. If you have declared bankruptcy in the past, it does not need to hinder your job search. If you have questions about filing for bankruptcy, you will benefit from discussing your case with an experienced bankruptcy lawyer. Contact Bankruptcy Law Center today to schedule your initial consultation. 

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Roger C.

I reached out to BLC to help assist with a chapter 7 business bankruptcy and they provided excellent guidance, advice, and support through the entire process. In my case an adversarial action was filed by one of the creditors and attorney Ahren Tiller and his staff provided sound ...arguments which prevailed. Couldn’t have found a more experienced and supportive team to represent me in a tricky situation. I would highly recommend them to anyone making the difficult but sometime necessary decision to find financial relief. Read more
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Justin R.

Like many others before and during the pandemic, life happenings caused me to be in a financial situation to warrant bankruptcy. The BLC was super professional all the way through the entire process. Right after I paid for my Bankruptcy, I got sick and had to have surgery and recovery. Then we ...were in full Pandemic mode. They were gracious to delay my filing until I was recovered and ready to file. I could not ask for more. The process was over all quick and painless for a simple Bankruptcy like mine. I feel a weight has been lifted and I can rebuild. Thank you for all your arduous work and patience, Gabriel, Ahren, and their teams are knowledgeable and efficient. Read more
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Gabriel Hanna, Esq and the staff at BLC helped me in a very difficult time. I appreciate all the help and care they gave my case.

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I can’t say enough of how much this bankruptcy law firm helped me with my financial situation. They were all so helpful, efficient and made the difficult time and process as quick and easy as possible. I would recommend them to anyone I know and am glad to give my public recommendation as well. T...hey truly deserve a five star plus rating. Read more
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Andrea N.

I am very happy with my experience with BLC. Bankruptcy is not something anyone wants to go through, however everyone at BLC made my experience pleasant and easy. The process was explained thoroughly and I had an easy time reaching out and connecting with my attorney. Anika Renaud-Kim was my attorney ...and she was nothing short of amazing! She was very patient and generous with her time. Ms. Renaud-Kim definitely made me feel at ease and comfortable through the entire process. Read more
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they did a great job for me, helped me anytime I needed something, my Lawyer Gabriel Hanna is the best, gave lots of confidence all the time..thanks BLC I will.always recommend you, I’m very grateful for your service!!!

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Rachael C.

When searching for information I had called a few different firms and received consults. BLC was the only one who didn’t shy away and provided answers and information during the consult. Once I agreed to move forward, they were supportive, informative, and eased my anxiety through the whole process.... I can’t recommend them enough. Read more
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AmazingI had many questions and uncertainties and the carefully explained it all and made it easy to understand. They facilitated a fast and easy process making this scary difficult thing simple

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Legal Disclaimer: The Bankruptcy Law Center is a California Licensed law firm with attorneys licensed in the state of CA, NY. Attorney Ahren Tiller is responsible for this advertisement. Bankruptcy Law Center’s principal office is located at 1230 Columbia st. Suite 850 San Diego, CA 92101. Prior results listed on this site do not depict or in any way infer a prediction or outcome.We are a debt relief agency proudly providing options to people with financial problems. View our Privacy Policy