hello, my husband is AD military. I have a small business that is having to close. We owe on back/future rent for the business (we are needing to get out of the lease early) and have been advised to file for bankruptcy by our business lawyer and the bankruptcy lawyer that we have consulted. My husband isn't part of the business but signed on the lease when we entered into it. My husband is worried about the consequences, if he files for personal bankruptcy, against him in his military career. Especially his security clearance. He has the basic clearance, his job doesn't require a special one. He is worried about not being world wide qualified and being discharged from the military and or hurting his career. He isn't due to renew his clearance for another 6 years. Should he notify anyone? Thank you for your time.
State/Country relating to question: California
Thank you for using Just Answer. Between my law practice and other law related jobs, I have over 13 years experience. I look forward to assisting you.He doesn't need to notify anyone. He would have to list it when renewing his clearance. It should not have any immediate effect on his clearance at all.Now, that doesn't mean that it can't have any effect. They certainly can consider it, but a simple business bankruptcy is generally not an issue. He can't actually be punished for using the legally provided right, so he has to be more concerned about the types of debt involved....which in some cases suggest living above ones means as a lifestyle...and that can create a security risk.
Lawyer and current JAG officer.
So, if I understand, then he doesn't have to tell anyone and it won't look bad when he renews his clearance that it wasn't reported and he won't lose his clearance until possibly when he has to renew. Also, even though it would be a personal bankruptcy, it was because of a business going under so it isn't as bad. Like if we were doing it because we spent out of our means. So it wouldn't be looked at the same? How would they know it was for a business? Thanks.
The bankruptcy itself has specific information that you fill out concerning the manner of the debt. Business debt, even in a personal bankruptcy, is treated differently.They would have access to that information as bankruptcies are public information.
Ok, I see. Thanks.
In my first reply do I have the correct understanding?
Yes, you did state that correctly, so I didn't respond to that. Sorry.
That's ok. Thank you so much for your time!
No problem. Take care.
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