SCRA Bankruptcy Cases
Jacksonville Bankruptcy Attorney Takes On Cases Across North Carolina
The Servicemembers’ Civil Relief Act (SCRA) gives servicemembers certain protections against civil actions. The act provides temporary suspension of judicial/administrative proceedings and transactions that might adversely affect servicemembers during their military service. Additionally, the SCRA allows for forbearance and reduced interest on certain obligations incurred before a servicemember’s military service. It also restricts default judgments against servicemembers, as well as rental evictions of servicemembers and their dependents. All members of the United States military on active duty are entitled to SCRA protections.
Does the SCRA Apply to Bankruptcy Cases?
Even though the SCRA was not made specifically for bankruptcy cases, the act’s protections do apply to bankruptcy actions and proceedings. This is because the language used in the SCRA is absent of any reference that would exempt bankruptcy cases from being covered by the act. This gives courts the right to stay or postpone both bankruptcy proceedings against military personnel who are on active duty.
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While bankruptcy cases are covered by the SCRA, meeting the requirements for coverage can be a confusing and complex process. Before bankruptcy actions and proceedings can be suspended, courts will require submission of an affidavit that proves the servicmemeber was in the military. In addition to the affidavit, other important documents will need to be tracked down and completed. This requires time and energy that many active duty servicememebers do not have.
Our attorney, Roger A. Moore, has been guiding clients through their financial obstacles for more than 35 years. Not only is he board-certified, he is also a former bankruptcy trustee, which means he has valuable experience and insight when it comes to debt relief matters. Let us put our legal skills to work for you.
Excellent lawyer, as well as excellent service from staff