Military Servicemembers: Know Your Bankruptcy Rights

November 4, 2012

In an effort to protect military personnel from state-side, civil worries, such as lawsuits, Congress passed the Servicemembers’ Civil Relief Act (SCRA) in 1940. Generations of American soldiers and sailors have benefited from the protections of the SCRA. In fact, predecessor statutes of the SCRA go back all the way to the American Civil War.

 

Bankruptcy proceedings are one of the most important instances in which servicemembers rely on the SCRA. The provisions of the SCRA may require servicemembers’ creditors to forbear loans and reduce interest in some cases. The SCRA operates as a kind of second automatic stay in some instances. The SCRA prevents creditors from entering default judgments and stops rental evictions.

 

Who SCRA may protect can be just as important as what it does. The provisions not only apply to active duty personnel, but also the families of servicemembers, qualified reservists and inductees, and even some U.S. citizens participating in a U.S. conflict. Also, the SCRA’s provisions may apply 90 days after discharge from the armed services, meaning that their protections extend while soldiers return to civilian life.

 

Are you or a loved one enlisted in the military and struggling to make ends meet? The dedicated bankruptcy professionals at the Dallas law firm of Fears Nachawati know how to advise you of your rights both within bankruptcy law and in important ancillary bodies of law, such as SCRA. Contact us today for your free consultation.

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