Here are some questions that come up related to bankruptcy and employment
Will I be fired from by job if I have filed bankruptcy in the past?
To start, the Bankruptcy Code provides at 11 USC 525 that employment discrimination are prohibited by public and private employers against individuals that file for bankruptcy protection
Will i be able to get a job after i file for bankruptcy?
Generally speaking, your employment status should not change. No private employer may terminate the employment of, or discriminate with respect to employment against, an individual who is or has been a debtor under this title, a debtor or bankrupt under the Bankruptcy Act. In most cases you do not have to disclose the fact you have filed.
Does Bankruptcy Affect a position where security clearance is involved?
Here is what the law states:
“A governmental unit may not deny, revoke, suspend, or refuse to renew a license, permit, charter, franchise, or other similar grant to, condition such a grant to, discriminate with respect to such a grant against, deny employment to, terminate the employment of, or discriminate with respect to employment against, a person that is or has been a debtor under this title or a bankrupt or a debtor under the Bankruptcy Act, or another person with whom such bankrupt or debtor has been associated, solely because such bankrupt or debtor is or has been a debtor under this title or a bankrupt or debtor under the Bankruptcy Act, has been insolvent before the commencement of the case under this title, or during the case but before the debtor is granted or denied a discharge, or has not paid a debt that is dischargeable in the case under this title or that was discharged under the Bankruptcy Act.” So basically we know that you can not be fired per se for filing for bankruptcy.
With respect to the security clearance required to keep this position, the answer depends. Much of this inquiry ultimately depends upon the nature of your debt, the reasons for your financial troubles, and your efforts to alleviate the same. BUT keep in mind that the amount of your unpaid debts, by itself, may hinder your security clearance, even if you don’t file bankruptcy. In that sense, not filing for bankruptcy may make you more of a security risk due to the size of your outstanding debts. On the other hand, using a government-approved means of dealing with your debts may actually be viewed as an indication of financial accountability and responsibility. Eliminating your debts through bankruptcy may make you less of a security risk. The reason behind this is that you are more of a risk if you are in financial distress and may do something to compromise your position, such as accepting a bribe.
In the California area Call the Law Offices of Chirnese L. Liverpool at (818) 714-2200
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