C/F issue - Debt

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Anonymous User
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Joined: Tue Aug 11, 2009 9:32 am

C/F issue - Debt

Postby Anonymous User » Wed Oct 11, 2017 3:30 pm

Hello,

I am unsure where to post this, but since it may impact my employment, I guess I'll post it here:

During the NCBE Character & Fitness process, I disclosed all of my debt. I paid off everything (except one thing) that was on my Equifax report, but I still disclosed all of it; the debt I did not pay at the time of my application I am actively paying off now and still disclosed it. I thought I was doing a good thing. However, I checked my TransUnion report today and noticed that there is a $300 debt that has not been paid, and I did not report that to NCBE. I never even knew it was there. I don't really even know what it is.

How should I handle this? Bar results are coming out in a week or so, and I don't want to get in trouble for not disclosing a debt, even though my non-disclosure was not malicious or with the intent to mislead. I disclosed all moving violations and all my other debt. I wouldn't mess up my entire legal career for a $300 debt, when I have already disclosed everything else. How do I go about handling this?

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rpupkin
Posts: 5445
Joined: Mon Dec 09, 2013 10:32 pm

Re: C/F issue - Debt

Postby rpupkin » Wed Oct 11, 2017 4:09 pm

Anonymous User wrote:Hello,

I am unsure where to post this, but since it may impact my employment, I guess I'll post it here:

During the NCBE Character & Fitness process, I disclosed all of my debt. I paid off everything (except one thing) that was on my Equifax report, but I still disclosed all of it; the debt I did not pay at the time of my application I am actively paying off now and still disclosed it. I thought I was doing a good thing. However, I checked my TransUnion report today and noticed that there is a $300 debt that has not been paid, and I did not report that to NCBE. I never even knew it was there. I don't really even know what it is.

How should I handle this? Bar results are coming out in a week or so, and I don't want to get in trouble for not disclosing a debt, even though my non-disclosure was not malicious or with the intent to mislead. I disclosed all moving violations and all my other debt. I wouldn't mess up my entire legal career for a $300 debt, when I have already disclosed everything else. How do I go about handling this?

I would do nothing. If the C&F examiners (1) find your undisclosed $300 of debt and (2) actually care about it, then they'll give you a chance to explain the omission. But I think it's highly unlikely this will be an issue for you.

Mobster1983
Posts: 7
Joined: Tue Sep 12, 2017 3:39 pm

Re: C/F issue - Debt

Postby Mobster1983 » Thu Oct 12, 2017 2:25 am

You could ignore it and it will likely pass unnoticed. It could also raise a flag though. In my state, you are required to report everything up til you are actually admitted, which is a month and a half after bar results are released.

I would suggest writing an affidavit explaining that you noticed a $300 debt that was not paid that you did not previously know about. Better if you can get it paid off and add that in as well.

The biggest concern of the bar is not a small debt, but rather someone who will try to cover up things or lie.

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rpupkin
Posts: 5445
Joined: Mon Dec 09, 2013 10:32 pm

Re: C/F issue - Debt

Postby rpupkin » Thu Oct 12, 2017 2:28 pm

Mobster1983 wrote:You could ignore it and it will likely pass unnoticed. It could also raise a flag though. In my state, you are required to report everything up til you are actually admitted, which is a month and a half after bar results are released..

But if it does raise a flag (which, I think we agree, is unlikely), the Board would let the OP know about it and give him or her a chance to explain.

At least in my state, submitting unsolicited disclosures at this stage would likely delay one's admittance to the bar. That's why I don't think it's worth it.




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