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Law enforcement career after bankruptcy

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    Law enforcement career after bankruptcy

    Hi Everyone,

    I had planned on filing separately but after talking to an attorney today and hearing him talk about our local creditors who quite often sue a spouse (we live in a community property state) we've decided to file together.

    The thing my husband is worried about: he is wanting to go into a career in law enforcement. I'm sure they do extensive background checks for a police officer/ jail guard (which he is applying for soon) and we're now wondering if it could negatively affect his chances of getting a job.

    Any experience with this?
    Filed Pro Se- 12/15/2009
    341- 2/17/2010
    DISCHARGED- 3/18/2010

    #2
    I recently returned to law enforcement after running a business for five years. I waited until I was hired back in to law enforcement before filing as a fresh bankruptcy will likely get you disqualified during the background process. I know it is against federal law to discriminate against BK filers but the reality is the investigator will likely just call it a "maturity" issue as the cause for the disqualification.

    You will likely need to wait several years to apply. With my current agency the time limit established is three years from the date of discharge before. With LAPD it is two years. Every agency is different however, so have him call the agency he wants to work for and speak to background investigator.

    Comment


      #3
      From what I just googled/read about this topic, it seems it "can" cause you problems with finding a career in law enforcement, BUT at the same time, having severely high debt looks like it can cause the same problems.
      Retained 3/09 * Filed 6/2/09 *341 Meeting 7/23/09 *Report of No Distribution Filed 7/24/09 *Closed and Discharged 10/13/09*
      ***I do not provide legal advice. All I am doing is sharing my thoughts and opinions. You probably shouldn't even read my posts.***

      Comment


        #4
        As listed above, it varies by agency, and how desperate the agency is.
        Chapter 7 (No Asset/Non-Consumer) Filed (Pro Se) 7/08 (converted from Chapter 13 - 2/10)
        Status: (Auto) Discharged and Closed! 5/10
        Visit My BKForum Blog: justbroke's Blog

        Any advice provided is not legal advice, but simply the musings of a fellow bankrupt.

        Comment


          #5
          ugh that will kill him.

          Now I'm horrified and don't know what to do. I had originally planned on filing alone so it wouldn't even touch and now it could hurt him career wise... I feel like crying! I'm not even sure he will agree to file now.
          Filed Pro Se- 12/15/2009
          341- 2/17/2010
          DISCHARGED- 3/18/2010

          Comment


            #6
            If your attorney is correct and they file lawsuits against your husband this will also get him disqualified. Pending lawsuits or judgments are sure disqualifiers. He MAY be able to explain the BK away. It all depends on the agency and the other factors in his background.

            Few agencies are desperate these days, most are in hiring freezes or are getting many applicants for one or two positions. Competition for government jobs is steep right now so only the best of the best will get hired until more agencies get funding. Here in California, law enforcement agencies are actually alying off so there are many unemployed cops right now.

            Comment


              #7
              From what it sounds like, this is an entirely new field to him. I wouldn't base a huge financial decision on what someone "thinks" they want to do for a living.....just my $.02.
              Retained 3/09 * Filed 6/2/09 *341 Meeting 7/23/09 *Report of No Distribution Filed 7/24/09 *Closed and Discharged 10/13/09*
              ***I do not provide legal advice. All I am doing is sharing my thoughts and opinions. You probably shouldn't even read my posts.***

              Comment


                #8
                My dh is actually in the process of applying for a job as a corrections officer. His brother is a city cop for a major southern city and had no issues applying for the job after his bankruptcy due to a divorce. My BIL has had many years of experience in law enforcement and was moving from one city to another. My dh also has experience as a corrections officer. As part of his application process my dh will have to take a polygraph and he will answer truthfully to all the questions. Right now he's working security, so if that job doesn't come through he does have some back up places in mind where he can work security.

                I do see where they may disqualify someone due to debt or bankruptcy because they figure you may be more apt to accept a bribe or other financial incentives from criminals. However, I am not worried about my dh's chances of getting this job and you shouldn't be either. Many jobs today do background checks and even if he applied for a different type of job in a profession where you never handle money he still could get turned away due to the bankruptcy. Basically, it's up to the organization.
                C in GA - Filed Chapter 7 Aug '09
                341 Hearing Oct 8, '09 - DONE

                Comment


                  #9
                  My dh got his application packet for his corrections job. It does ask if you've ever filed bankruptcy and it asks for a lot of financial info, including a budget and list of creditors. We aren't quite sure yet how to answer those questions.
                  C in GA - Filed Chapter 7 Aug '09
                  341 Hearing Oct 8, '09 - DONE

                  Comment


                    #10
                    Originally posted by cwilliams View Post
                    My dh got his application packet for his corrections job. It does ask if you've ever filed bankruptcy and it asks for a lot of financial info, including a budget and list of creditors. We aren't quite sure yet how to answer those questions.
                    Honestly.

                    I went through a package for a similar law enforcement (related) position and answered everything honestly... down to my Bankruptcy, the mortgage balance on my home, how much credit debt. Then took a lie detector... so... be honest.
                    Chapter 7 (No Asset/Non-Consumer) Filed (Pro Se) 7/08 (converted from Chapter 13 - 2/10)
                    Status: (Auto) Discharged and Closed! 5/10
                    Visit My BKForum Blog: justbroke's Blog

                    Any advice provided is not legal advice, but simply the musings of a fellow bankrupt.

                    Comment


                      #11
                      Our issue is that we have not filed yet but will file within the next two months. So we aren't sure about the questions like "have you ever filed bankruptcy." As of today, no, we haven't. Then the questions about the financial stuff. Right now we are not paying our mortgage or the credit card bills so I'm not sure what to put.

                      I guess depending on when he gets his interview then he can change the answers at that time if we have filed by then.
                      C in GA - Filed Chapter 7 Aug '09
                      341 Hearing Oct 8, '09 - DONE

                      Comment


                        #12
                        Originally posted by cwilliams View Post
                        Our issue is that we have not filed yet but will file within the next two months. So we aren't sure about the questions like "have you ever filed bankruptcy." As of today, no, we haven't. Then the questions about the financial stuff. Right now we are not paying our mortgage or the credit card bills so I'm not sure what to put.
                        Answer however the question presents itself. My questions were along these lines...

                        Have you ever filed for Bankruptcy?
                        What is the value of your home?
                        How much do you owe on your home?
                        How much total debt do you have other than your home?

                        Actually, the toughest question was...

                        Thinking back throughout your lifetime, what's the most serious crime you ever committed but were not caught? (The financial questions were a breeze, compared to that one!)

                        Originally posted by cwilliams View Post
                        I guess depending on when he gets his interview then he can change the answers at that time if we have filed by then.
                        They may re-ask the questions or ask if anything changed. My interview did include all those questions. Anything interesting in the package is more than likely going to be brought up in the interview and/or poly.
                        Chapter 7 (No Asset/Non-Consumer) Filed (Pro Se) 7/08 (converted from Chapter 13 - 2/10)
                        Status: (Auto) Discharged and Closed! 5/10
                        Visit My BKForum Blog: justbroke's Blog

                        Any advice provided is not legal advice, but simply the musings of a fellow bankrupt.

                        Comment


                          #13
                          comm prop

                          Just a little note of encouragement - I live in a community property state - AZ. I filed alone, without my husband. Our debt is mostly in my name, but that doesn't really matter because it was incurred after we got married, so it is considered community debt. My husband works - I don't - but his income is considered community income. The house is just in his name, as is the mortgage, but it is considered community property. My husband does not have any assets in his name only - separate assets, that is. SOOOO the point is this - my bk filing (i'm in the 60 day wait) protects him from creditors as well. They can't sue him, because his income is community income and they can't take that. Does that make sense? I'm not sure where you're at, but I would consider consulting another lawyer in your area just to check out what I'm saying. I also have a lot of research done in that area, with some notes I've taken, if you want more to read.
                          Ch 7 no asset below means: Filed 4/6
                          341 5/11
                          DISCHARGED 7/20!
                          closed 7/27 - finis!

                          Comment


                            #14
                            Originally posted by kristyf View Post
                            Just a little note of encouragement - I live in a community property state - AZ. I filed alone, without my husband. Our debt is mostly in my name, but that doesn't really matter because it was incurred after we got married, so it is considered community debt. My husband works - I don't - but his income is considered community income. The house is just in his name, as is the mortgage, but it is considered community property. My husband does not have any assets in his name only - separate assets, that is. SOOOO the point is this - my bk filing (i'm in the 60 day wait) protects him from creditors as well. They can't sue him, because his income is community income and they can't take that. Does that make sense? I'm not sure where you're at, but I would consider consulting another lawyer in your area just to check out what I'm saying. I also have a lot of research done in that area, with some notes I've taken, if you want more to read.
                            I asked my lawyer about this and it doesn't look like the same thing applies in Eastern WA
                            Filed Pro Se- 12/15/2009
                            341- 2/17/2010
                            DISCHARGED- 3/18/2010

                            Comment


                              #15
                              First I agree that you can't make decision on what could happen or might happen. You need to make decision that affect you now. As for getting a job in law enforcement its a total package. They look at the whole person. Some agency only require a year from BK Some may require more time and some less time. If that's the only skeleton I think he'd be okay as long as he has other qualifications....

                              Age (older)-Maturity
                              Education-College Degree
                              Work History
                              Military
                              History of being a leader or overachiever

                              He could simply explain the circumstances regarding the BK. How its all your fault (just kidding) and how he didnt want to be sued and on the advice of attorney filed with you. He could explain the circumstances, like you had lots of debt before marriage or medical issues, or loss of job. Obviously he can;t say this if its not true.

                              Again they look at everything. If his credit report was spotless before the BK he needs to tell them that. But if he has charge offs, collections, late payments and then a BK it obviously it shows irresponsibility.

                              Comment

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