Discharges and the DoD: The Interplay between Bankruptcy & Security Clearances

There are several different types of security clearances that an individual might seek as a prerequisite to employment. What each clearance requires depends on many factors, such as whether the person is a civilian or part of the armed forces, whether the clearance is for facility access only (versus access to sensitive documents), and the scope of the access in question. Regardless of the exact clearance sought, one reoccurring theme throughout security clearance opinions is the analysis of the “whole person.”1

For those who practice in bankruptcy law, the “whole person” concept . . .

It looks like you are not signed in or registered! This content is only available to members.

Or Sign In Below:

Emily Connor Kennedy

Boleman Law Firm, P.C. (Richmond, VA)

Emily Connor Kennedy is a shareholder with the Boleman Law Firm, P.C., Virginia’s largest consumer bankruptcy practice. Emily is part of the firm’s consumer litigation team and she focuses on helping clients who are facing consumer rights issues such as credit report inaccuracies and abuses from mortgage servicers and banks. Emily lives in Richmond, Virginia with her husband, their dog Theo, and her pet tarantulas. Emily enjoys weightlifting, cross-stitching, and overly-complicated DIY home improvement projects.

The Case for Conduit Mortgage Payments

Max Gardner

January 23, 2022

Max Gardner’s Top Ten Reasons The late Waylon Jennings had a hit song years ago called “Sick and Tired of Getting Up Sick and Tired.” The song related to the chronic consumption of alcohol but the analogy to the need for a mandatory rule for mortgage payments through the Chapter 13 Trustee is not that far-fetched. As a debtor’s attorney...

Members

Employers Who Provide Leave Might Qualify to Claim Valuable Credit

August 25, 2019

Employers who provide paid family and medical leave to their employees might qualify for a credit that can reduce the taxes they owe. It’s called the employer credit for family and medical leave. Here are some facts about the credit to help employers find out if they might be able to claim it. To be eligible, an employer must: Have...

Certiorai Denied in Evans and Doll

The Honorable William Houston Brown

February 25, 2024

Second Circuit case still pending.

Members

May the Chapter 13 Trustee Keep Fees Paid Before Dismissal?

Lawrence R. Ahern, III

April 10, 2022

Larry Ahern this week begins a two-part examination of whether a Chapter 13 trustee may retain fees paid without a confirmed plan before dismissal. Part 1 is a detailed analysis of McCallister v. Evans, a recent case accepting the trustee's position considering a division in the caselaw and analyzing in detail the relevant statutes. May the Chapter 13 Trustee Keep...

Members

Legal Aid and Who Are Our Chapter 13 “Customers”

January 10, 2021

By Rachel Jones, Staff Attorney to Chapter 13 Standing Trustee Chris Micale, Western District of Virginia (Roanoke) The events of 2020 have had a devastating impact on the very low-income population. The working poor are struggling, particularly those working in sectors such as hospitality and tourism. State and Federal funding and local programs such as food banks and community action...

Retirement of the Honorable Guy R. Humphrey

The Academy

February 18, 2024

Retirement of the Honorable Guy R. Humphrey

Critical Case Comment

June 27, 2021

By Henry E. Hildebrand, III, Chapter 13 Standing Trustee (Nashville, TN) It constitutes an unfair discrimination, violative of 11 U.S.C. § 1322(b)(1), for a Chapter 13 plan which would pay more to a student loan than to the remaining general unsecured creditors. (Somers) In re Kane, 603 B.R. 491 (Bankr. C.D. Kan. June 18, 2019) Case Summary Ronald Kane filed...

Members

Rescuing a Troubled Chapter 13: The Unseen Threat

February 24, 2019

By Cathy Moran, Esq. (Redwood City, CA) We all get sucked in, at some time, to try and rescue a Chapter 13 bankruptcy case gone bad. Make sure that you don’t let a bad situation get worse. Get your arms around §109(g). When only a do-over will do, don’t wait around. No Payments for Months The debtor came to me...

Members

Chapman v. Forsyth & Limerick, 43 U.S. 202 (1844)

M. Jonathan Hayes

May 5, 2024

When a person sells goods for the account of the owner and thereafter does not pay the owner, is the debt discharged under the bankruptcy law at the time? Yep.

Members

Duty to Update Trustee Regarding Changes Post-Plan Confirmation

Daryl J. Smith

April 23, 2023

Is there a duty to inform the trustee about changes post-plan confirmation? Yes. There is an inherent duty for the consumer debtor to update the trustee on any and all material changes, particularly windfalls, post plan confirmation. In a very recent case, In Re Robinson, the United States Trustee moved to dismiss debtor’s chapter 13 case because the debtor received...

Members