Summary
The applicant, a 47-year-old male employed in a public trust position since 2005, faced security concerns under Guideline F due to significant financial issues stemming from job loss and marital problems. Despite numerous delinquent accounts totaling over $55,000, the applicant demonstrated responsible behavior by completing credit counseling and preparing to file for Chapter 7 bankruptcy. The judge found that the applicant mitigated the financial concerns and granted eligibility for access to sensitive information.
Under Guideline F (Financial Considerations), the Statement of Reasons alleged the following: The collection accounts alleged in subparagraphs 1.a and 1.h, totaling $4,080, are business loans Applicant acquired while trying to start an insurance business. They remain unpaid (1.a). The collection and charge off accounts alleged in subparagraphs 1.b, 1.c, 1.d, 1.e, 1.i, and 1.l are credit card and cellular phones bills, totaling $44,321, that Applicant’s wife incurred before they were divorced. These debts remain unpaid (1.b). The collection account alleged in subparagraph 1.f, owed in the amount of $3,431, is for various items Applicant purchased to make repairs on the home he purchased in 2003. This bill remains unpaid (1.f). The debts listed in subparagraphs 1.g, owed in the amount of $2,592, and 1.k, owed in the amount of $1,287, are paid off automobile loans (1.g). The collection accounts alleged in subparagraphs 1.a and 1.h, totaling $4,080, are business loans Applicant acquired while trying to start an insurance business. They remain unpaid (1.h). The $102 collection account alleged in subparagraph 1.j is a cable television bill from Applicant’s residence in the state from which he moved in 2005. This bill remains unpaid (1.j). The record does not contain sufficient evidence to determine the current status of the debt alleged in subparagraph 1.k (1.k).
The judge granted the clearance. The government raised disqualifying conditions DC 19(a), DC 19(c). The judge applied mitigating conditions MC 20(b), MC 20(c), MC 20(d), MC 20(a). The decision turned on the following: The applicant's financial issues were largely due to circumstances beyond his control, including job loss and marital problems; He completed a credit counseling program and retained an attorney to file for Chapter 7 bankruptcy; The applicant is now current on his support obligations and living within his financial means.
Why the Applicant Prevailed
- The applicant's financial issues were largely due to circumstances beyond his control, including job loss and marital problems.
- He completed a credit counseling program and retained an attorney to file for Chapter 7 bankruptcy.
- The applicant is now current on his support obligations and living within his financial means.
Conditions Referenced
- DC 19(a)raisedInability or Unwillingness to Satisfy Debts
- DC 19(c)raisedA History of Not Meeting Financial Obligations
- MC 20(b)appliedConditions That Resulted in the Financial Problem Were Largely Beyond the Person's Control
- MC 20(c)appliedThe Person Has Received or Is Receiving Counseling for the Problem
- MC 20(d)appliedThe Individual Initiated a Good-faith Effort to Repay Overdue Creditors or Otherwise Resolve Debts
- MC 20(a)appliedThe Behavior Happened Under Such Circumstances That It Is Unlikely to Recur
Key Rule Quoted
“The objective of a trustworthiness determination is the fair-minded, commonsense assessment of a person’s trustworthiness and fitness for access to sensitive information.”
Procedural Posture
- SOR issuedMar 8, 2008
- Answer filedUndated
- Hearing heldSep 25, 2008
- Decision dateNov 10, 2008
Cite For
- Mitigation of Financial Issues Under Guideline F Due to Circumstances Beyond Control
- Successful Completion of Credit Counseling as a Mitigating Factor
- Good-faith Efforts to Resolve Debts and Pursue Bankruptcy Protection