- Robert Weed
Bankruptcy and security clearance, and defense cutbacks.
Defense cutbacks are now certain. (At least as certain as anything is in this world.)
Lots of people whose jobs seem safe now will soon be out of work.
Will you lose your job and get behind on your debts? Please don’t jeopardize your security clearance–and your future. Please don’t put off filing bankruptcy.
That’s the lesson of the thousand people with security clearances I’ve helped. And the lesson of the half dozen who lost their security clearances because they filed bankruptcy too late.
Bankruptcy and security clearance
Some people think the worst thing you can do for your clearance is file bankruptcy. That’s completely false. The worst thing you can do is to ignore the problem. If you get into financial trouble, you need to talk to your FSO and then clean it up.
Some people think bankruptcy destroys your security clearance. That is false. The worst thing for your security clearance is “irresponsibility.”
It is irresponsible to get into debt you can’t pay.
But if you have debt you can’t pay, the responsible thing to do is clean it up. The irresponsible thing is to ignore it. The irresponsible thing is to drag out the problem.
This is not just me talking. The legal office of the Air Force Academy says the same thing. (Thanks to the Air Force Academy for putting this valuable information in writing. So much in the security clearance world is not for publication.)
“Not filing for bankruptcy may make you more of a security risk due to the size of your outstanding debts. By the same token, using a government-approved means of dealing with your debts may actually be viewed as an indication of financial responsibility. Eliminating your debts through bankruptcy may make you less of a security risk.”
Here’s a post on security clearances, from the US Army Ft Meade. They say it’s a “myth” that filing bankruptcy means you lose your clearance. They say, and I agree, you need to be ready to explain how and why you got into trouble.
Let me make it clear. Bankruptcy is not a good thing. Paying everything on time is a good thing. But bankruptcy is better than not paying. It is better than ignoring the problem.
I’ve helped a thousand people with clearances; and I know a handful who have lost their clearances. Nearly all lost clearances for an obvious reason–they did not come to see me in time. They did nothing until they were told they were in clearance trouble for financial irresponsibility. Then they checked around. Then they found out they should have filed bankruptcy when they first got into trouble.
Too late. They needed to show responsibility by facing the problem when they first got into the financial problem. Waiting until you get into a clearance problem is waiting too long.
Don’t wait too long.
Bankruptcy and Security Clearance articles by two other lawyers
(Russ DeMott, a bankruptcy lawyer in Charleston, SC, has an excellent article on bankruptcy and security clearances. His experience is pretty much the same as mine. Except that he’s mostly talking about active duty military people. And my experience is mainly with civilians: DoD, CIA and Homeland Security employees, and employees of contractors in the defense, intelligence and security fields.)
(Here’s a more recent article by Brett Weiss, a bankruptcy lawyer in Maryland, who says pretty much what I am saying here about bankruptcy and security clearances. He also emphasizes the importance of self reporting to your clearance officer when you get into financial trouble, and before you file the bankruptcy.)
Bankruptcy and Security Clearance Update–December 2014
Yesterday, a Federal agent came to talk to me. A young lawyer who had worked for me for a couple years had taken a Federal job. she needed a clearance.
So the Federal agent was doing an investigation.
No surprise there.
Here’s the headline. The Federal agent, the guy doing the clearance investigation, had filed bankruptcy with me back in 2001. He didn’t just have a clearance himself–he was doing clearance investigation. (And back in 2001 he was working for the same agency he was working for now.)
Proof of what I tell people. If you get into financial trouble, you need to clean it up. And if you can’t clean it up any other way, then file bankruptcy. The people who lose their clearances are the people who just let the problem get worse. Be responsible, take control, fix the problem. File bankruptcy. (And don’t forget to self-report.)
Bankruptcy and Security Clearance Update–December 2015
Just filed Chapter 7 bankruptcy for Don and Donna. Both disabled veterans, both battling multiple medical issues, and starting a new family.
They first came to see me in February 2014. they were in trouble because they downed a house in an area with defense cutbacks that they couldn’t sell. Told them they needed to file bankruptcy to fix that problem.
Don lost his nerve and they didn’t come back until October 2015. Don’s clearance had been suspended, along with his job, for financial irresponsibility–and failure to self report. That’s exactly what I told him would happen, if he did NOT file bankruptcy. If he was a contract, he’d just be out of luck–and out of a career. Because he’s a Federal employee, he has more protections. I’m HOPING that his clearance will be saved on appeal, now that he has, finally, taken care of the problem.
Bankruptcy and Security Clearance Update–December 2017
December 28, 2017
Got an email today from “Candace.” She said she had lost her security clearance because of “financial concerns.” I make this point over and over. People do NOT lose their clearance for filing bankruptcy. You DO lose your clearance for not dealing with the problem. Usually dealing with the problem involves three steps. Talk with a lawyer and figure out what you have to do. Self report that you have financial problems and are taking steps to deal with them. If necessary have the action you are taking approved by a court.