Legal Question in Bankruptcy in New York

Military Security Clearance

My son-in-law is in the military. If he choses to file for chapter 13 debt reorganization, will this effect his security clearance? No one on his base seems to know the answer to this.

Thank you

Jim


Asked on 3/31/04, 9:22 pm

1 Answer from Attorneys
Eric Kochel The Law Office of Eric David Kochel, Esq., P.C.

Re: Military Security Clearance

There is really no way to answer this question since military security clearance procedures are confidential as far as I know. Who knows if bankruptcy would even be looked at at all? I can only tell you that under bankruptcy law you cannot be denied a license or certification, etc. issued by a governemnt organization or entity because of a bankruptcy on your record. However a military security clearance does not really fit into this category. The only way to know is to either file and see what happens or to find someone who filed a 13 in the military with a security clearance and ask them what happened to them. I know of no one like that or of any case law on that point.

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Answered on 4/01/04, 11:35 am


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