Legal Question in Military Law in Florida

Re: Banckruptcy vs Military Laws

Bankruptcy, as with serious financial concerns, can get your clearance lifted if it demonstrates that you have weaknesses of character or an exploitable situation. Foreign agents often look for people in financial difficulty and offer a way out in exchange for something that the debtor thinks is unimportant (like a base telephone book). The soldier gives it, and the agent has their picture taken giving it to them. Now they own that soldier and now they want more important stuff -- secrets and the like. As a result of this, it is a good idea to self-disclose your financial situation and seek help from military authorities to get out of debt. If you are so far in debt that you cannot get out except by bankruptcy, then there is a good chance you may lose your clearance. As for NJP, I would think it would be highly unlikely as your right to take bankruptcy should not be affected by this. Generally if you write a bad check and the prosecutor threatens to prosecute you, and you take bankruptcy, the federal automatic stay prevents any lawsuit/legal action against you. I would think the same bar would apply to a NJP. But check with JAG to be sure on this point.

Re: Banckruptcy vs Military Laws

There are military facilities to help you work through credit issues BEFORE bankruptcy becomes an issue. They will also know the ramifications of not getting out from under debt in an orderly way. Bankruptcy is not always your best bet, in large part because the government pays your wages and they don't want to be in the position of being garnisheed by creditors.