CAN DEBTORS BE DISCRIMINATION BECAUSE OF FILING OF BANKRUPTCY?
You can always call the Law Office of Malik Ahmad at (702) 270-9100 for a personal free consultation. We do not provide bankruptcy consultation over the phone as this conflicts with our malpractice insurance.
The bankruptcy Code has provision against agencies and individuals who discriminate because someone filed for bankruptcy. Governmental units generally may not discriminate on the basis of a bankruptcy filing. For instance, a housing agency cannot discriminate because someone filed bankruptcy by denying them a rental in their properties. Furthermore, utility companies cannot deny service based upon the fact that someone filed bankruptcy or their utility arrearages were discharged via bankruptcy. Also, private employers cannot discriminate with respect to employment or debts discharged in bankruptcy. However, there is a clear line of distinction in such discrimination.
A creditor whose debts were discharged via bankruptcy may refuse to provide or extend any more credits if the refusal is based on other considerations. Medical doctors with whom debtor may like to continue treatment may only provide service upon cash payments. This may happen in small rural communities where only few physicians practice
What is an emergency filing of bankruptcy?
In some cases, it is to the advantage of a debtor to wait some more time when their income level falls below certain level in their Means Test, or especially they are laid off after a high period of income. However, in some cases an emergency filing is required to stop eviction, repossession. Also, a prompt action is required to stop garnishment. In such cases, a prompt action is required by filing a skeletal emergency petition.