Legal Question in Bankruptcy in California

ucmj and bankruptcy... are there consequences for military officers


Asked on 10/10/10, 7:33 pm

2 Answer from Attorneys

Carl Starrett Law Offices of Carl H. Starrett II

The UCMJ doesn't specifically address bankruptcy and the consequences for military officers. Section 525(a) of the Bankruptcy Code prohibits discrimination against an employee such as a military officer based "solely" on the fact that the person has filed bankruptcy. However, the word "solely" is very weak. Ultimately, the answer your question will be depend on the particular biases and prejudices of the people in your chain of command.

I can tell you that debt can be a double-edge sword. Having too much debt can put your security clearance at risk as can phone calls from creditors to your commanding officer.

I can tell you that I've filed bankruptcy cases of members of the military and even people with top secret security clearances and not one person has reported a problem to me regarding their career or their employment.

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Answered on 10/18/10, 4:14 am


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