Legal Question in Military Law in Pennsylvania

Bankruptcy

My husband is in the Air Force and is in Air Traffic Control tech school, he only has 2 more weeks before he comes home and I just got a phone call about a bankruptcy that we decided to file after he went in to the service. my question is can he be kicked out of the Air Force because we have done this? When he entered he needed a credit waiver and was granted one and we tried to catch up but were un able to and also had some issues selling our house so we felt that this was the best way to deal with things. 90% of our debt was in the house and so we had really no other choice because we weren't able to sell he house for what we owed and we also weren't able to come up with the difference. My husband has been in the Air Force for almost 6 mths and I am so worried that he will be kicked out because we have done this and everyone says it will be ok and we won't but I am still worried. He needs a security clearence to finish his job requirments and I was wondering if this can affect getting that clearence as well. It isn't like we just didn't want to pay our bills we just had bad luck will my illness and also him being laid off of a great paying job and then finnaly going to the AF. Any advice you can give would be great thanks


Asked on 4/04/04, 6:57 pm

1 Answer from Attorneys
Philip D. Cave Military Law & Justice

Re: Bankruptcy

1. Bankruptcy alone is not enough to deny security clearance, there is a federal statute to say that. HOwever, how you got into debt and what you've done since bankruptcy can be used.

2. Yes, under the Adjudicative Factors financial problems can cause loss of clearance.

3. There are things you can do to "Mitigate."

SIncerely, www.court-martial.com

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Answered on 4/05/04, 3:53 am


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