Boston Bankruptcy Lawyer
Q.I am currently in the DEP until 99/26/10. I am married with one child. Due to my MOS which is 02M (Percussion Player/band) I have to wait that long. My question is: If I filed Chapter 7 - how would that change my enlistment qualifications, if at all?
A.The reason why filing a petition in bankruptcy cannot, in itself, affect your qualification for enlistment is that 11 U.S.C. sec. 525 provides that "... 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..." The issue is far more complicated, however, and you would be well advised to consult with an experienced bankruptcy lawyer from your place of domicile (even if you are abroad you will almost certainly have a U.S. domicile) who understands the specific problems of military clients. There are many things to take into consideration. You do not (at least not in the postings I have seen) discuss your financial situation. It may be that a workout, a compromise or composition with creditors is possible. The Stars and Stripes and other military-oriented periodicals frequently have ads from such "non-profit" services ... but many of those (especially those on the Internet) are sponsored by the credit card outfits. The military will not tolerate debts; and military officialdom is suspicious of the bankruptcy laws. But at least in the case of bankruptcy, the clause I cited above protects you. Notwithstanding the above, bankruptcy can be used to demonstrate improvidence and fiscal irresponsibility. You can also be debarred from credit -- although experience tells us that you can get a credit card and a car loan within a month or two (if not faster) after bankruptcy. Please note, however, that except where bankruptcy results from outside sources whatever caused the bankruptcy in the first place may still be there. The bankruptcy court cannot change your personality, your capacity to manage money, or your earnings prospects. Go to the public library and read one of the good books on bankruptcy so you will know what you are in for. The National Consumer Law Center, in Boston, has published some excellent manuals for the use of lawyers who only occasionally handle bankruptcy cases; if you can wade through the legalese you might look for one of these. They are sometimes found in county law libraries.
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