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OK, so you can no longer afford your car. What to do? The first idea comes to you after a few intense discussions with your spouse or perhaps after a few beers. “I know, we’ll just give it back.” The next day you call the dealership and tell them why you can’t afford to make payments. Fully expecting to hear from that same understanding salesman that threw in the leather and sunroof at “factory” prices, instead you get the third degree about late fees and penalties.
Employers are not permitted to take adverse action against their employees who file for bankruptcy. Debtors are protected by 11 U.S.C. sec. 525(b). Section A applies to governmental units and Section B applies to private employers. In all my years of practice, I have never had to bring an action or even threaten to bring an action under Section 525. Most employers understand the stress their employees are under and are not insensitive to their plight. More people have filed for bankruptcy than you think...
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