Summary
The applicant, a 32-year-old defense contractor and single mother, sought eligibility for a public trust position under Guideline F due to financial considerations stemming from a bankruptcy and tax issues. The judge found that the applicant had taken significant steps to resolve her financial problems, including a bankruptcy filing and a payment plan for delinquent taxes, ultimately granting her eligibility.
Under Guideline F (Financial Considerations), the Statement of Reasons alleged the following: a Chapter 7 bankruptcy filing in April 10, 2014, which Applicant admits (1.a). an indebtedness to the Federal Government for delinquent taxes in the amount of $2,669.87 for tax year 2012 (1.b). for delinquent state taxes for the same tax year (2012) for $3,735 (1.c). student loans that were in collection. The total amount is approximately $5,300 (1.d). a charged-off account in the amount of $19,608 is a car loan, which is disputed (1.g). a charged-off account in the amount of $7,168 that was included in the 2014 bankruptcy (1.h). for a charged-off account in the amount of $449 has been settled for $292 (1.j). medical accounts. Applicant submitted documentation that she has paid a total of $180 for three of the medical accounts (1.i). medical accounts for $654 and $437 are to be paid (1.k). in the amount of $50 for a hospital bill is paid (1.n).
The judge granted the clearance. The government raised disqualifying conditions AG ¶ 19(a), AG ¶ 19(c). The judge applied mitigating conditions AG ¶ 20(a), AG ¶ 20(b), AG ¶ 20(d). The decision turned on the following: The applicant admitted responsibility for her financial issues and demonstrated efforts to resolve them; She provided documentation of her payment plans and ongoing efforts to manage her debts; The applicant's financial issues were largely due to circumstances beyond her control, including being a single parent.
Why the Applicant Prevailed
- The applicant admitted responsibility for her financial issues and demonstrated efforts to resolve them.
- She provided documentation of her payment plans and ongoing efforts to manage her debts.
- The applicant's financial issues were largely due to circumstances beyond her control, including being a single parent.
Conditions Referenced
- AG ¶ 19(a)raisedInability to Satisfy Debts
- AG ¶ 19(c)raisedA History of Not Meeting Financial Obligations
- AG ¶ 20(a)appliedBehavior Happened Long Ago or Infrequently
- AG ¶ 20(b)appliedConditions Largely Beyond the Person's Control
- AG ¶ 20(d)appliedGood-faith Effort to Repay Overdue Creditors
Key Rule Quoted
“The protection of the national security is the paramount consideration.”
Procedural Posture
- SOR issuedDec 30, 2016
- Answer filedMar 20, 2017Notarized response admitting allegations.
- Hearing heldMar 9, 2018Hearing convened as scheduled.
- Decision dateMay 25, 2018
Cite For
- Mitigation of Financial Considerations Under Guideline F
- Impact of Personal Circumstances on Financial Responsibility
- Whole-person Evaluation in Trustworthiness Determinations