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cfortunato, Attorney
Category: Bankruptcy Law
Satisfied Customers: 8023
Experience:  Bankruptcy professor.
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Can you let me know your thoughts on the following My clearance

Resolved Question:

Can you let me know your thoughts on the following?

My clearance (TS) is currently in active state.

I'm going through a divorce (legally separated, but MD requires a year before finalized.).

My Ex dumped bills (mainly house) on me. Since I'm paying Alimony/Child support, I can not afford to pay house mortgage any longer (and haven't paid for six months).

The house has been for sale for a year, it has been on short sale for six months. I tried to do Deed in Lieu (bank just not interested in doing anything).

I'm currently on track for foreclosure (could be soon or a year from now). I'm planning to do a chapter 7 or 13.

With that info (please let me know if you need more), do you foresee I would have issue with my clearance moving to current? Is there a way to verify some way?

I'm planning to move to a position that will require a TS (but, if it is likely my clearance will be pulled, I don't want to waste anyone's time).
Submitted: 5 years ago.
Category: Bankruptcy Law
Expert:  cfortunato replied 5 years ago.
Hi JACustomer,
Does the clearance you are referring to apply to your job?
Customer: replied 5 years ago.
yes, security clearance to work a job. I don't currently need the clearance for my current job, but I plan to change jobs and the clearance will be needed (if I'm still able to hold one with my current financial status and future pending status).
Expert:  cfortunato replied 5 years ago.

Filing a Bankruptcy will not affect your clearance status, as the Bankrutpcy Code forbids employers to treat a current employee or job applicant differently because they filed a Bankruptcy. Bankruptcy Stat. 525.

Changing your clearance status because of a Bankruptcy filing would be treating you differently because of your Bankruptcy.


I think this is what you wanted to know. If not, please let me know.
Thank you!

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