Forum Rules (Everyone Must Read!!!) (updated: 04/28/2015)

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New Job Possibility while in Chapter 13

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  • New Job Possibility while in Chapter 13

    Hi everyone. I am pretty sure this question been asked before, but want to see if anyone had more to add. I am currently in chapter 13 and will be given an offer for a new job r for a senior management position in either Pharmaceutical, a Government Agency, or a smaller back, I know I know 3 different business, but its from old friends. Anyways I am concerned about the credit check I am sure they will run one and the chapter 13 will show up. I am looking for advise as to when to tell the hiring manager which is also my friend about my situation, and if I will be denied unemployment because of the active Chapter 13on my report. Has anyone gone through something similar?

    Thank you

  • #2
    I don't think your Chapter 13 will affect the government agency (unless it's for a top secret TS/SCI clearance where it may come up), the bank (unless it's a fiduciary position where it may come up). I don't think the pharmaceutical would be an issue at all. During my Chapter 13, I received clearances with the federal government (although I held an expired TS/SCI clearance) and several banks (major national banks). The only place that dove deeper into my bankruptcy (or even mentioned it at all) was for a law enforcement clearance during one of the interviews.

    (You have a duplicate thread in Unemployment. I am removing that thread. Please try to not post the same question to multiple Forums.)
    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

    I am not an attorney. Any advice provided is not legal advice.


    • #3
      As for the "Government Agency" job, is that with the US government, state or local?
      Filed Ch 13 Fall 2013, 60 month plan


      • #4
        Thank you JustBroke and apologies for the duplicate post. Its a Federal agency. I have read threads to be up front with HR and hiring manager. I am thinking I should do that as well and hope for the best, At my current job Amex cancelled my corp card, will need a new one ta new job and that might be an issue when it comes to applying and the possibility AMEX will not approve me


        • #5
          From what I know there are three types of positions in the Federal government for the purposes of background checks: Non-Sensitive (least stringent), Public Trust and then the jobs that require security clearances (most stringent). The vacancy announcement for the job you apply for will note whether the job is set at one of these three levels, it's usually listed toward the end of the announcement. There is a background questionnaire form for each of these levels. The Non-Sensitive form (SF85-13) does not ask about your financial history. However, when you sign the form you authorize the background investigator to go to whatever source is necessary to determine your suitability for the position and could include pulling your credit report. They should notify you if they do pull your report, you should get a notice in the mail. If they do and the see the BK, you may go through a more extensive review, which may/could include an interview with a background investigator.

          For Public Trust positions, you will be asked for more info on the background questionnaire (SF85P). That form will ask about the BK and a couple other facets of your financial history (judgments, tax liens and current delinquencies). Your credit report will most likely be pulled for that and expect the more extensive investigation I described above with an active BK. For security clearance jobs well, you will answer a whole lot more questions and scrutiny.

          The important thing to note is that when a suitability determination is made for Federal employment, the background "adjudicator" is supposed to conduct a "whole person" analysis. In other words, the BK alone should not disqualify you from the job. Also the BK code prohibits government employers from discriminating against you in hiring or firing decisions because of the BK. What I've always been curious about is how that plays into granting or revoking a security clearance.

          List the BK if your level requires it. The unfortunate thing about federal employment is that the background investigation usually takes place after your first day on the job, when the HR people give you the forms to complete or a user id and temp password to do it electronically.
          Filed Ch 13 Fall 2013, 60 month plan


          • #6
            Very good info switch625 and thank you. I will keep everyone posted on how this all turns out to hopefully someone will find it useful. By the way the position is for IT upper management position. I am not technically involved in dealing with money but managing people one of the reasons I am concerned. I will be up front with HR once I sign the form for a credit check.


            • #7
              Bankruptcy is usually considered positive as it makes you less likely to be compromised financially. Read through the security clearance denial appeals available online and I think you will find that lots of debt is bad, bankruptcy and positive steps to recover are good. Best of luck with the job.


              • #8
                Originally posted by Maria80386 View Post
                Bankruptcy is usually considered positive as it makes you less likely to be compromised financially. Read through the security clearance denial appeals available online and I think you will find that lots of debt is bad, bankruptcy and positive steps to recover are good. Best of luck with the job.
                Yep. Check my blog entry for information that supports that.
                LadyInTheRed is in the black!
                Filed Chap 13 April 2010. Discharged May 2015.
                $143,000 in debt discharged for $36,500, including attorneys fees. Money well spent!


                • #9
                  Can you share the link to the blog please


                  • #10
                    The blogs are listed under LadyInTheRed's profile. Here's a link to all of her blogs.

                    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

                    I am not an attorney. Any advice provided is not legal advice.


                    • #11
                      An update: I had to undergo a background investigation last year because I transferred to another agency. (I was a "new hire" actually) The whole process took from February to December. I inteviewed with a background investigator for about 30-40 minutes in the spring. He told me that my case would be decided in July, but the decision was made in December and my agency signed off on it in January. It didn't hit my personnel file until this month. I passed and that is with a current Chapter 13 I'm completing at the end of the year. I was prepared to answer questions about the BK, and there were quite a few of them. The annnoying thing was that I had to bring my own copy of the credit report and BK petition to the interview (you would think the investigator would have a copy to give you). The investigator went beyond the BK and asked questions that to me would were not on the public trust questionnaire (but I've seen then on another form). A couple of them were a little intrusive.

                      So if you are in a BK and have to go through a backgorund investigation that is not a security clearance, you can pass it. Juat be forthcoming and honest.
                      Filed Ch 13 Fall 2013, 60 month plan


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