Bankruptcy for Military Members


A bankruptcy attorney can explain that military members in the United States get some special protections from the government if they're facing bankruptcy. The Servicemembers' Civil Relief Act (SCRA) gives people who have served the country in the military some assistance in civil actions.


During their military service the SCRA temporarily suspends any judicial and administrative proceedings so the person can focus on their service to the country. There also is a provision that allows for forbearance and reduced interest on some financial obligations that may have occurred prior to military service. In addition to these financial considerations, the SCRA protects a military member and their family from eviction.

The protections provided by the government in the SCRA for service members can hold off any creditors long enough that that service member may never need to file for bankruptcy. But if bankruptcy is still necessary, military personnel can rely on the SCRA for protection during all actions and proceedings before a bankruptcy court. With SCRA you are protected against the default judgments, a stay of proceedings when the service member has notice of the proceeding and the judgments, attachments and garnishments can be withheld until the court deems.

Bankruptcy Help for Military Members

As with any federal laws, there are quite a lot of hoops to jump through to get full protection. Any military member who is looking at bankruptcy should seek the counsel of an attorney who is well versed in bankruptcy and their special SCRA considerations.

For military members who are not quite considering bankruptcy at this point, speaking to an Chicago bankruptcy attorney who understands the ins and outs of SCRA is still a very good idea. You can learn ways to delay payments until you're in a better position to handle them and keep your family in your home while times are tough.