Q: The Scope of the Automatic Stay in Chapter 7 Cases in non-debt related matters.
This is a complex, and sort of multi-angled issue. I applied for a Job with a County Government Agency (Law Enforcement). I recieved a Notice or Proposed Disqualification for "Excessive Debt; Potential Corruptability Hazard based on potential debt to income Ratio".
I was given 20 Days to Respond with an answer, however this can be delayed for about two months with the commisiom. The Employment Attorney said, Ultimately my Answer should
be that their is no mor debt; and that if Bankruptcy is the Answer, to do it as they can not use bankruptcy in it self as a reason to deny employment, and having zero debt negates their position.
What he a was not positivr about is the timeframe in which w Ch. 7 would take, and if The Automatic Stay could be construed in the Administrative Aspect of the Civil Service Appeal. (In other words force them to delay their final decision pending bankruptcy discharge).
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A: It's doubtful that an automatic stay would apply since it is not a creditor claim, however there may be a mechanism to get a stay by application to the bankruptcy judge in the proceeding. Regarding how long it takes, if you get your ducks in line with the filing by organizing all of your assets / liabilities (bank records, tax returns, credit cards, etc.) the process will only take a couple of months.
A:
You may want to consider a slightly different angle in applying.
You state "force them to......" Remember, you are applying to be a police officer. Today, unless you are pursuing some armed suspect who just committed a felony police departments are unlikely to get excited about any applicant who wants to force anyone to do anything. Certainly not the department someone wants to work for.
The department is more likely looking for applicants which it can force to do things its way. Why not ask them?
Late last year I talked to a federal judge about a client who wanted to be a cop. The judge said my client was young. I said but he had already waited a few years. The judge responded that my client had his whole life ahead of him. Why not wait a few more years?
Unless you are approaching whatever the max age today is to begin a career as a cop the best advice is to do it their way and take your time to make sure you do it right the first time. If you screw up your own application will this department want to take the chance that you will be more likely than the next candidate to screw up their entire program?
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