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Can I be fired from a federal position after filing Ch 7?

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    Can I be fired from a federal position after filing Ch 7?

    New to the forum. In 2008 I gaining a security clearance and was hired by the Dept of Homeland Security with less than perfect credit. After accepting the position my family and I moved half way across the country and struggled financially for the first year of my gov't employment. After or tenant in our rental started to stiff us for rent it really got bad. This coupled with the fact that my wife could not find work in Michigan crippled us. In 2009 we filed Chapter 7 and our debt, including our mortgage was discharged.

    Part of my federal employment includes a five year security recertification. I have about 3 years before this occurs. Can I be fired for this bankruptcy?

    What steps can i take to improve my chances of this not happening?

    Thanks in advance!

    #2
    Well first of all you are required to tell the security of officer of any chances to your finances, especially bankruptcy. Chances are you will not be denied because it sounds like it's only public trust clearance you have (5 year). You will be denied if you do not tell them ahead of time.
    Filed: 6-7-2010 341: 7-15-2010 DISCHARGED: 9/17/2010

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      #3
      I really did not understand your reply. Prior to meeting with the investigator who is conducting my 5 year security recertification I would have to resubmit the background forms, including the financial disclosure form. This is when I would disclose this information regarding my bankruptcy, right?.....or are you saying I should tell someone prior to this?

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        #4
        Prior to meeting will be fine no need to be now, but not after meeting.

        What he meant is... Rather be TRUTHFUL than SORRY (for being lied or hideous or secrecy to them)

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          #5
          Originally posted by freddy View Post
          I really did not understand your reply. Prior to meeting with the investigator who is conducting my 5 year security recertification I would have to resubmit the background forms, including the financial disclosure form. This is when I would disclose this information regarding my bankruptcy, right?.....or are you saying I should tell someone prior to this?
          Look I don't know if it's the same for a low level clearance but with secret or top secret you MUST notify your security officer of any financial issues before your reinvestigation, not just before or after but as soon as you're aware of your situation. If you google you'll see what I'm referring to. It may be different for a low level clearance. You should have received instructions on this and if not I would ask.
          Filed: 6-7-2010 341: 7-15-2010 DISCHARGED: 9/17/2010

          Comment


            #6
            By federal law, you cannot be fired just because you filed bankruptcy.

            However, keep in mind that even before you filed, any HR dept can get rid of just about anyone they want to let go by pushing forward any number of subjective reasons - "our business needs are in flux", "we need to downsize", "our directions as a company have changed"....you get the picture. The best way to approach this is to give your employer no room to manufacture reasons for wanting to let you go.

            Chances are good you'll continue to be gainfully employed, especially given the terrible state of the economy over the last two years. In this case, the large numbers of Americans in currently in financial trouble makes it less likely that employers will use bk as an excuse to discriminate against employees they value.
            I am not a lawyer and this is not legal advice nor a statement of the law - only a lawyer can provide those.

            06/01/06 - Filed Ch 13
            06/28/06 - 341 Meeting
            07/18/06 - Confirmation Hearing - not confirmed, 3 objections
            10/05/06 - Hearing to resolve 2 trustee objections
            01/24/07 - Judge dismisses mortgage company objection
            09/27/07 - Confirmed at last!
            06/10/11 - Trustee confirms all payments made
            08/10/11 - DISCHARGED !

            10/02/11 - CASE CLOSED
            Countdown: 60 months paid, 0 months to go

            Comment


              #7
              Jobs that require a clearance are different. You can lose your clearance if you are in financial trouble, especially if you hold a top secret. In most cases if you lose your clearance you lose your job. It does happen.
              Filed: 6-7-2010 341: 7-15-2010 DISCHARGED: 9/17/2010

              Comment


                #8
                I work for the federal government and know you will not get fired. Just tell them everything. Remember this.." What happen to get in this situation" and "How are you fixing it?"
                Filed Chapter 13 Sept 8 2009
                341 Meeting October 2009
                Converted to Chapter 7 January 2010 due too loss of income. Discharged May 2010

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