Bankruptcy & Military Members

If you are a member of the military, you should know that there is special bankruptcy information found in the Servicemembers’ Civil Relief Act (SCRA) that applies to you.

What is the Servicemembers’ Civil Relief Act?

The overarching theme of the SCRA is to temporarily postpone any civil judicial and administrative proceedings that could adversely affect military members as they serve the country; all service personnel on active duty and any U.S. citizens serving during war time are covered.

How does the SCRA apply to bankruptcy?

Because the SCRA applies to all judicial and administrative proceedings, bankruptcy is included in this protection. There are also special protections regarding default judgments, which can also apply in bankruptcy cases.

The three main protections of the SCRA are the following:

1. Protection against default judgments being entered in the servicemember’s absence;

2. Postponement of proceedings for which the servicemember has been notified; and

3. Postponement or cancellation of executions of wage garnishments and certain other judgments against the servicemember.

There are also special protections regarding eviction that may be useful in your situation.

For a more detailed explanation of the SCRA and the protections it may provide to you as a member of the U.S. military, contact an attorney experienced in military matters.