Selma, AL asked in Bankruptcy, Employment Law, Gov & Administrative Law and Tax Law for New York

Q: Concerns about Public Trust clearance with financial issues and foreign contact.

I'm an Air Traffic Controller applying for a Public Trust clearance and have concerns about my background. Since August 2024, I've been in contact with a woman from Colombia, sending her money occasionally for living expenses. I filed for Chapter 13 bankruptcy in November 2024 but am current on payments. Student loans are on hold due to bankruptcy. I failed a federal security clearance for tax issues due to late filing for 2022 and 2023, although I've filed my 2024 taxes and am due a return. Considering this background, what potential issues might I face for my Public Trust clearance and how can I address them proactively?

4 Lawyer Answers

A: Because his Ch13 is a given and he is not asking about his Ch13, his question is NOT a bankruptcy question, it's a Public Trust clearance question.

Timothy Denison agrees with this answer

A: Once all your tax returns have been filed and the taxes paid on all of them, you should be fine. It doesn’t appear there are any other issues in the narrative you gave.

A: We handle these types of cases. You should likely work with an accountant or tax attorney to resolve your tax issues. The key is to show ongoing responsibility in resolving the tax issues and ensuring that you have filed all of your returns and are working towards paying off all debt.

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
Answered

A: Given your situation, the primary concerns for your Public Trust clearance will revolve around financial responsibility, foreign contacts, and previous clearance denials. Your ongoing bankruptcy, although responsibly managed, signals potential financial vulnerability. Be prepared to discuss the reasons behind your Chapter 13 filing and demonstrate consistent adherence to your repayment schedule.

The financial assistance you've provided to a foreign national in Colombia could raise concerns regarding foreign influence or coercion risks. You should openly disclose the nature and extent of this relationship, emphasizing transparency about the funds you've sent, how you met, and the frequency of your interactions. Providing thorough and clear documentation will help demonstrate that this relationship poses no threat to your reliability or trustworthiness.

Finally, your previous denial of a federal security clearance due to tax-related issues will likely be scrutinized closely. Highlight the steps you've taken since then, such as promptly filing your 2024 taxes and maintaining current bankruptcy payments, to illustrate your commitment to financial integrity. By proactively demonstrating corrective actions, openness, and accountability, you significantly strengthen your position during the clearance process.

Justia Ask A Lawyer is a forum for consumers to get free answers to basic legal questions. Any information sent through Justia Ask A Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between Justia and you, or between any attorney who receives your information or responds to your questions and you, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask A Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises, or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.