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August 13th, 2010

Can you be fired because you filed for bankruptcy?

The simple answer is no, you cannot be fired, or for that matter refused employment because you filed for bankruptcy.

11 U.S.C.A § 525(b) of the Bankruptcy Code provides that, “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”.

However, I should point out that, like all simple answers, there is a “but” to this answer.

An employer cannot fire or refuse to hire “solely” because you filed for bankruptcy.

What this means is that if an employer can fire or refuse to hire if the decision was not made only on the basis that you filed for bankruptcy.

Also, the statute only applies to private employers.  The issue of whether a public employer can use bankruptcy as the sole basis for hiring or firing has not been resolved.

Now, for what it is worth, I have never personally had a client come to me and tell me that he or she was fired because of a bankruptcy.

If you have filed for bankruptcy and feel that you were fired or not hired because of the filing, you need to speak with your attorney to make sure your rights are protected.

January 24th, 2010

Luther EllissCiting failed business ventures and poor real estate investments, former Detroit Lions defensive lineman Luther Elliss has file for bankruptcy protection.

Mortgage debt and tax bills are the former Detroit Lion’s primary liabilities.

Elliss filed for Chapter 7 bankruptcy protection listing assets of $1.4 million and debts of $4.4 million.  Those assets include a home in Michigan purchased for $1.6 million, a $347,000 NFL pension and an $8,000 diamond ring.

July 24th, 2009

You can only file for Bankruptcy once!  This is not true.

However, there are limitations on how often you can file a bankruptcy.

If you have received a discharge in a Chapter 7 bankruptcy, you cannot file for a Chapter 7 bankruptcy again for 8 years.

You can file a Chapter 13 bankruptcy in less than 8 years from a Chapter 7 bankruptcy, however, if the Chapter 13  bankruptcy is filed within 4 years of the discharged Chapter 7  bankruptcy, you cannot receive a discharge in the Chapter 13 bankruptcy.

There are other limitations on the frequency of filing bankruptcy which may or may not apply to your particular facts and circumstances.

An experienced bankruptcy attorney can assist you in determining your rights under the Bankruptcy Code.

April 21st, 2009

 The type of documentation needed by a first time applicant to get a Louisiana driver’s license will depend upon whether the applicant is a new driver or is already licensed in another state. 

 A first time applicant over the age of 18 will need to bring the following documentation: 

 

  • One primary and two secondary documents; or, 
  • Two primary documents; or,
  • If the applicant already has a Louisiana identification card/driver’s license with a photo which clearly identifies the applicant and the Social Security Number is part of the file, additional identification is NOT required.

Out-of-state applicants for a Louisiana driver’s license must provide all of the following:

  • The out-of-state license;
  • One primary document; and
  • Their Social Security Number.

Primary Documents include any of the following documents:  

  • A certified copy of birth certificate (long form), original certificate of birth (does not have to have seal), birth registration card or certificate issued by a state or county bureau of vital statistics with raised agency seal, birth card (short form).
  • A passport, appropriately stamped and accompanied by proper immigration documents.
  • Permanent Resident Card (I-551)
  • Certificate of naturalization:
  • Certification of birth abroad issued by the United States Department of State.
  • Native American tribal document.
  • The Department of Homeland Security Refugee travel document (I-571).
  • The Department of Homeland Security Permit to reenter the United States (I327).
  • Employment/work authorization document issued by The Department of Homeland Security (I-688B or I-766).

 The Louisiana Department of Motor Vehicles lists 38 different types of Secondary Documents.  I have listed the top five here:

 

  • Out-of-state driver’s license with a photo which clearly identifies the individual–an official copy of driving record from last state of issuance will be required when the applicant has lost his out-of-state license. NOTE–Any foreign driver’s license must be accompanied by proper immigration documents.
  • Social Security card or official written documentation verifying the Social Security Number from the Social Security Administration or specifying that no number has been assigned or that the applicant is ineligible for an SSN.
  • Student I.D. card for a Louisiana college or university when accompanied by a 100% fee paid receipt for the current semester.
  • Original of a high school, college or university diploma.
  • Original documents of adoption papers.

 For additional information regarding the requirements to obtain a Louisiana driver’s license, please visist the Louisiana Office of Motor Vehicles.

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