Can I be an auto insurance agent and file for BK?

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PostPosted: Tue Jul 06, 2010 12:58 am   Post subject: Can I be an auto insurance agent and file for BK?  

I live in Florida.



I was a teacher for 2 years, ended up losing my job due to seniority. My husband doesn't make much due to paying child support from a previous relationship. I've been out of work for 1 year now. I'm currently 7 months pregnant, but I just got a job with an Auto insurance company to be a Claims Rep. I know I will be taking licensing classes for this, but will only handle claims in the state of Florida.



Over the last year we've become far behind on credit card payments and my husband's motorcycle (his primary transportation). I get collections calls daily and I would estimate we are about $25,000 in debt (not including $50,000 in student loans).



It's to the point where I don't see us being able to "dig" our way our of this hole - I pay $550 a month on student loans as well (which I know won't be discharged, but if everything else is - then it will help)



My questions are:

1. Will I be able to be licensed as a Claims Rep in Florida if we file for BK?



2. Are you allowed to keep a vehicle you are still making payments on after filing for BK? (never missed a payment or had a late payment on my car)



3. I've already passed the employment credit/background check - can they fire me if I file for BK?





Thanks for your help!

keriandrew82
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PostPosted: Tue Jul 06, 2010 11:00 am   Post subject:   

Your situation does not look good, sorry. You may want lower your expectations a little to see what may be availible. Many companies won't higher you if your pregnant for obvious reasons, too much liability. Have you thought about working for an agent for a while to see how that pans out?


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PostPosted: Wed Jul 07, 2010 7:23 pm   Post subject:   

Guest---you're off the mark, the OP is a claims adjuster NOT an agent..





Quote:
My questions are:

1. Will I be able to be licensed as a Claims Rep in Florida if we file for BK?


Should be able to if Florida requires adjusters to be licensed...check Florida's dept of insurance website.



Quote:
2. Are you allowed to keep a vehicle you are still making payments on after filing for BK? (never missed a payment or had a late payment on my car)


Better ask your Bankrupt. attorney this question..If that debt isn't included in your suit, then of course, but I don't know if you have to include all debt.

Quote:
3. I've already passed the employment credit/background check - can they fire me if I file for BK?


NOPE...gotta ask though, they hired you while you are pregnant?


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Lori
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PostPosted: Fri Jul 09, 2010 4:46 am   Post subject:   

Bankruptcy will be a blemish on your credit report, which could affect employment prospects. But, in your situation, it should not be a problem when it comes to being licensed. Just have to disclose it.



What gets the attention of the regulators when it comes to bankruptcy is if it involved someone's prior insurance practice. In that circumstance, one strike could mean a person is "Out!"



When it comes to hiring a pregnant woman, to turn her down simply because she's pregnant, if otherwise qualified, could be discriminatory and subject the employer to a civil action. On the other hand, it is unusual that a woman in her third trimester would be actively looking for employment. Six weeks on the job and four months off under FMLA?



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PostPosted: Sun Jul 11, 2010 3:07 am   Post subject: To clarify..  

I'm already hired!! Yes, they hired me and I'm pregnant. Yes, I told them I was pregnant AND my due date (and it was pretty obvious) when I interviewed.



I do not qualify for FMLA because I won't be with the company for 12 months when I need my leave. I will be taking a medical leave of 6 weeks. I was looking for a job because I need a job - pregnant or not! Like I said, I lost my teaching position due to seniority 1 year ago.



I'm in my 2nd week there. I will be a licensed Claims Adjuster - with a 6-20 license. I'm taking my licensing test on Thursday. I was just curious as to if I would LOSE it if I were to file for BK soon. I have not filed for BK yet, and wasn't planning to until after I was licensed.


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KeriAndrews82
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PostPosted: Sun Jul 11, 2010 7:54 am   Post subject:   

Well . . . good for you! And best of all success on your exam on Thursday.



Filing for bankruptcy after obtaining your license should not be a problem, but it will probably still need to be disclosed. When the case is finalized, if necessary, you'll be required to submit a copy of the final discharge order.



And then life goes on. So don't sweat it, but don't try to hide it either.



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PostPosted: Sun Jul 11, 2010 1:02 pm   Post subject:   

Max is right, 'if' asked then you must respond with the truth...most insurance companys I know (the larger ones anyway), before they hire someone as an adjuster will run a credit check among other things (carrier i work for you have to also submit to a FULL background check)...so clearly nothing seems to be worrying them if they have already hired you..

Quote:
I'm taking my licensing test on Thursday. I was just curious as to if I would LOSE it if I were to file for BK soon. I have not filed for BK yet, and wasn't planning to until after I was licensed.
no, I don't see any probability of this..most likely prior to taking your test the instructor will tell the class 'what' can cause you to lose your license.



We're thrilled you got the job, just surprised...most companys wouldn't hire a woman who will be off work soon delivering a baby..(before anyone starts in...I KNOW that's illegal, but they wouldn't say that was the reason, and I'm sure there were other applicants)..this (IMO) speaks volumns of your excellent interviewing skills! good for you and best of luck with your new career and child Very Happy


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PostPosted: Sun Jul 11, 2010 10:06 pm   Post subject: Having trouble logging in..  

Thanks! I was very surprised (but thankful/relieved) myself when I found out I was hired. I know that not hiring strictly based on pregnancy is illegal, but I just kept thinking they would have another reason (I have a degree in education, not business, etc). I'm definitely not going to hide it once/if we do file, thanks for your help!


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PostPosted: Mon Jul 12, 2010 1:22 am   Post subject:   

KeriAndrews82



As far as BK is concerned there are primarily two chapters chapter 7 & chapter 13 for an individual.

Chapter 7 cleans all your debt and gives you a fresh start with major impact on your credit scores.

Whereas chapter 13 re-organize your debt payment and allows you to keep your assets with minimal toll on your credit as compared to chapter 7.Chapter 13 is really a perfect choice in your condition as you can convince (if at all need to be) your employer that by filing Ch.13 you have just restructured your bill payments.

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PostPosted: Mon Oct 11, 2010 7:23 pm   Post subject: Bankruptcy  

I was hired to work for an independent insurance agent who contracts with mulitple complanies. With me having a recent bankruptcy, can they decide not to allow me to write policies for their company?


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PostPosted: Mon Oct 11, 2010 8:42 pm   Post subject:   

A company is entitled to set its own standards of conduct that meet or exceed the requirements of the state that gives you a license, as long as they are not acting in a discriminatory manner toward you in a way they would not act toward others.



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