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Do I have to disclose my bankruptcy with my employer?
Question:
Do I have to disclose my bankruptcy with my employer?
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A bankruptcy proceeding is public in nature because the records are accessible to anyone who wants to see them. Despite being a public proceeding, disclosing bankruptcy to your employer is not necessary. There is no law that compels individuals to talk about his financial restructuring to his employer or anyone who is not part of the process. You have the right to keep silent about it. However, if your employer is one of your creditors, he will know about the bankruptcy filing even if you will not tell him about it because the bankruptcy trustee will send notices to all creditors. The notice will let creditors know that they should file for claims against your estate. As a creditor, you and your employer will continue to have the same relationship inside the workplace. He cannot take it against you for wanting to discharge debts that are dischargeable under the bankruptcy law.
If your employer is not a creditor but found out about the bankruptcy proceeding, he cannot fire you for having filed the petition because that would be discrimination against you.
Disclosing bankruptcy to any person or entity is a personal option. No one can force you to do so if that is not necessary in the case. You can be quiet about it if you do not want your personal affairs disclosed to others. Still, if you need time off from work to attend the proceedings, you may need to tell your employer so that you can be given the time you need to accomplish the process.