Summary
The applicant, a 24-year-old computer programmer, faced trustworthiness concerns under Guideline F due to financial difficulties, including multiple delinquent debts. The applicant demonstrated significant progress in managing her finances, having paid off nine of fourteen debts and established a credible repayment plan. The judge found that the applicant's actions indicated responsibility and reliability, leading to a decision to grant eligibility for a public trust position.
Under Guideline F (Financial Considerations), the Statement of Reasons alleged the following: six medical accounts in collection for $332 (1.a). six medical accounts in collection for $697 (1.b). six medical accounts in collection for $104 (1.c). six medical accounts in collection for $27 (1.d). six medical accounts in collection for $416 (1.e). six medical accounts in collection for $30 (1.f). a credit card account past due for $4,270 (1.g). two credit card accounts to the same creditor for $467 (1.h). two credit card accounts in collection for $3,503 (1.i). two telephone debts to different creditors for $582 (1.j). two telephone debts to different creditors for $259 (1.k). a credit card account in collection for $969 (1.l). a credit card account in collection for $5,098 (1.m). a student loan with a bank in collection for $14,481 (1.n).
The judge granted the clearance. The government raised disqualifying conditions FC DC ¶ 19(a), FC DC ¶ 19(c). The judge applied mitigating conditions FC MC ¶ 20(a), FC MC ¶ 20(b), FC MC ¶ 20(c), FC MC ¶ 20(d). The decision turned on the following: The applicant paid off nine of fourteen delinquent debts, demonstrating a good faith effort to resolve financial issues; She developed a credible repayment plan with a bank official and has been following it systematically; The applicant's financial management indicates responsibility and reliability, mitigating security concerns.
Why the Applicant Prevailed
- The applicant paid off nine of fourteen delinquent debts, demonstrating a good faith effort to resolve financial issues.
- She developed a credible repayment plan with a bank official and has been following it systematically.
- The applicant's financial management indicates responsibility and reliability, mitigating security concerns.
Conditions Referenced
- FC DC ¶ 19(a)raisedInability or Unwillingness to Satisfy Debts
- FC DC ¶ 19(c)raisedA History of Not Meeting Financial Obligations
- FC MC ¶ 20(a)appliedThe Behavior Happened so Long Ago, Was so Infrequent, or Occurred Under Such Circumstances That It Is Unlikely to Recur
- FC MC ¶ 20(b)appliedConditions That Resulted in the Financial Problems Were Largely Beyond the Person’s Control
- FC MC ¶ 20(c)appliedThe Person Has Received Counseling for the Problem And/or There Are Clear Indications That the Problem Is Being Resolved
- FC MC ¶ 20(d)appliedThe Individual Has Initiated a Good-faith Effort to Repay the Overdue Creditors or Otherwise Resolve Debts
Key Rule Quoted
“An applicant is not required to be debt free, but is required to manage her finances in such a way as to meet her financial obligations.”
Procedural Posture
- SOR issuedFeb 27, 2009
- Answer filedMar 21, 2009
- Hearing heldJun 9, 2009Applicant waived the 15-day notice requirement.
- Decision dateJul 24, 2009
Cite For
- Demonstrating a Good Faith Effort to Resolve Financial Issues Under Guideline F
- Establishing a Credible Repayment Plan as a Mitigating Factor
- The Importance of Financial Management in Trustworthiness Determinations