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Bankruptcy while in the Military can create issues for people in service who have security clearance. It can affect you badly in some cases while in some other cases it might not have that much of an impact. It all depends upon your individual situation and circumstances. This article provides answers to some of the most commonly asked questions about issues related to this. Can an individual in the military file for bankruptcy?
While being in the military you can file for bankruptcy. The military usually does not have the right to prevent you from taking recourse to a legal action. However, if you are deemed to be having a high level clearance then the military might withdraw the clearance. If you do have such a clearance, then it is advisable to consult your security manager before filing for bankruptcy. Can a military career get jeopardized after filing a bankruptcy?
Usually it’s not the filing of bankruptcy itself that could jeopardize a military career. However, the reasons for which you had to file it might point to mismanagement of personal affairs and an inability to repay the debt. This could be prejudicial to you in the future. Once you have filed for bankruptcy your command does not have any right to force you to pay your debts that are part of your bankruptcy. Usually, the reaction of your command depends on what their attitude is towards you as a member of the armed forces and also any previous counseling or behavioral trouble that you may have had. Does bankruptcy prevent someone from being inducted in a direct commission in the Army Reserve Medical Department?
There are very strict guidelines stipulating the qualification for receiving a commission in the Army. While a bankruptcy might pose some problem for you it will not be impossible to receive a high level security clearance. As a medical officer though you may not have much of a problem with that, but at the same time you may have certain limitations. You may apply with an officer recruiter and explore the options offered to you. Can someone file Chapter 7 and still be in the guard?
Usually, filing a Chapter 7 does not debar you from being in the guard. However, you may face trouble in getting a security clearance. The command may consider your mismanagement of finances as a ground for revoking your clearance. If it is essential for your position to have a clearance, bankruptcy could possibly affect you. If there is no clear evidence of malicious and intentional mismanagement of funds, a person is usually not disciplined for debt by the guard. When a spouse files for bankruptcy separately from their military spouse and if there are no joint debts or assets, will it have any impact on the officer?
This question can’t be answered with a yes or no. Usually, there is an issue of clearance but since in this case it is only your spouse and not you, there would be less difficulty in getting clearance. However, problems might still be there. Usually, it is presumed that if an officer’s spouse is having a financial issue the person might be susceptible to bribes and this might prejudice your case as a security risk. Military bankruptcy is a difficult issue for people who have never faced this. People become perplexed as to whom to turn to for advice. In such circumstances it is better to ask a military lawyer for the best course of action.
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