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Military Bankruptcy

Military bankruptcy can pose many issues for service members who have security clearance. The affects of military bankruptcy may or may not affect you, depending upon your position. To learn more about military bankruptcy, many people ask the Experts. The Experts on can answer a wide variety of military bankruptcy questions. Take a look at five of the top questions answered by the Experts.

Can someone in the military file for bankruptcy?

You can file bankruptcy while you are in the military. This is a legal act and the military cannot stop you from filing. However, the military can pull your clearance, especially if you are considered high level clearance. If you hold a high level of clearance, you may want to discuss your situation with your security manager before proceeding with bankruptcy.

Can filing for bankruptcy hurt someone’s military career?

Bankruptcy itself isn’t what hurts your military career. However, the possible underlying circumstances of your individual case may possibly involve a degree of mismanagement of personal affairs or inability to pay your debt. This could possibly have an adverse action against you in the future. However, once you file for bankruptcy, your command cannot force you to pay your debt that is part of your bankruptcy. Generally, the reaction from your command will weigh mainly on how they value you as a member and any previous counseling or trouble that you have had.

Will bankruptcy prevent someone from being accepted for a direct commission in the Army Reserve Medical Department?

There are very strict guidelines on who can be qualified to receive a commission in the Army. A bankruptcy could possibly make it difficult for you but not impossible, to receive a high level security clearance. As a medical officer, you may not have an issue but you would be somewhat limited. This is because of the poor economy, many people are turning to the Army, and so they are not hurting for service members. You can apply with an officer recruiter and see what options will be offered to you.

Can an individual file for Chapter 7, and still be eligible to be in the guard?

A person can file Chapter 7 and still be in the guard. However, you may have issues gaining any security clearance. Your command may look at your mismanagement of finances as a reason to revoke a clearance. If your position requires you to have a clearance, the bankruptcy could possibly affect you. Without any evidence of malicious and deliberate mismanagement of funds, the guard usually doesn’t discipline a person for having debt.

If a spouse files for bankruptcy separate from their military spouse, and there are no joint debts or assets, will this have any impact on an officer?

There really isn’t a yes or no answer to cover this question. Generally, there would be an issue of clearance, but since this is your spouse alone, and not yourself, there would be less of an issue as far as clearance goes. However, there still could be some residual effects. Usually, it is viewed that if an officers spouse is having financial issues; there would be a negative effect on you because there is the risk of being susceptible to bribes, therefore risking security.

Military bankruptcy can raise many questions for people who have never dealt with the process. Many people are unsure who to talk to about the issues they are having. Before you take advice from your friends and family, or pay outrageous attorney fee, you can ask the many Military Experts that are available. The Experts answer many military bankruptcy questions and can offer solutions to your individual situation in a fast and knowledgeable manner.

Ask a Military Lawyer

P. Simmons
P. Simmons, Military Lawyer
Category: General
Satisfied Customers: 11888
Experience:  Retired Marine Corps lawyer and Veterans Services Officer (VSO) with 12+ yrs. of experience.
11181181
Type Your Military Law Question Here...
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