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Ellen, Attorney
Category: Bankruptcy Law
Satisfied Customers: 36714
Experience:  Bankruptcy Lawyer. Experienced.
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terminated due to bankruptcy, our bankruptcy attorney is handling,

Resolved Question:

terminated due to bankruptcy, our bankruptcy attorney is handling, how do bankruptcy judges handle these situations?
Submitted: 7 years ago.
Category: Bankruptcy Law
Expert:  Ellen replied 7 years ago.

To clarify, you were terminated from your job? Please explain.
Customer: replied 7 years ago.
FLAandNYLawyer, I was hired last year with the Financial Co. knowing of possibility of Bankruptcy. Told them we were advised by our Co. Attny to file Bankruptcy as a strategic move. Immediately told Employer and was told no problem. Was scheduled for a licensing course/test. The week before I was to take the class, I was told I was being terminated due to my Bankruptcy.   My Employer, who is becoming their own Broker/Dealer, would have to report my Bankruptcy to the SEC. The SEC would have to investigate and that would slow down their approval process and take them past the 60 day termination notice that they had already given their "Parent" company.

At my termination I was repeatedly told that it had nothing to do with my performance and nothing I could have improved on or changed. I was told when my Bankruptcy was discharged for me to contact him. I was in complete shock, I'd never been terminated before. At the time I didn't know it was illegal to terminate due to Bankruptcy. (I had always been praised for the work I was doing. I have a lengthly background in this industry.)
Expert:  Ellen replied 7 years ago.

So you already know that it is illegal to terminate an employee due to a bankrutpcy. What is your question?
Customer: replied 7 years ago.
Sorry, this is my first time here! My questions is listed under Already Tried..

We recently filed Chapter 11 for business and personal. Wondering if a different type of Attorney should handle than our bankruptcy attorney for best results? He seems to think he is the appropriate one to handle do you agree? Need reassurance.

Thank you for your time and help.

Expert:  Ellen replied 7 years ago.

For some reason the info under already tried does not always show on my screen.

A bankruptcy attorney would typically be a good choice to bring an action regarding a violation of the bankruptcy code. However, I know nothing about your lawyer. If you are comfortable with him, he may be the best for the job.
Customer: replied 7 years ago.

Thank you for your response, I failed to restate the first part of my question about the Judge's view/actions..... How does a Bankruptcy Judge usually handle a situation like mine? All our Attorney states is the Judge will not be tolerant of such act and that this is very rare situation. He's been in business for 30+ years and has only seen maybe 2-3 cases. Your thoughts from your experience?

Thank you so much!
Expert:  Ellen replied 7 years ago.
I agree with your attorney. I have been in practice for almost 25 years and have only seen one case. It is very unusual. A bankruptcy judge is typically not tolerant of any action against a debtor and this is a particularly egregious action.
Ellen and 2 other Bankruptcy Law Specialists are ready to help you
Customer: replied 7 years ago.

Thank you for your help.

We've never been through anything like this before and have found it has somewhat taken away our confidence in our ability to make a good decision.

Again, Thank you so much! Customer
Expert:  Ellen replied 7 years ago.

You are welcome. I hope it works out well for you. Best wishes and thank you.

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