Military Personnel in Chicago Filing for Bankruptcy Can Receive Help Through SCRA
To help bolster the readiness and morale of active duty military personnel, the government has enacted the Servicemembers' Civil Relief Act. Though it does not exempt servicemembers and their families from civil action, as is erroneously believed in some circles, it can temporarily halt judicial and administrative proceedings that are considered harmful to members of the active duty military. This can include bankruptcy cases or civil suits that might result in the loss or transaction of property. In fact, the families of military personnel in Chicago filing for bankruptcy may receive a temporary halt to their own civil cases.
As the language of SCRA is written in a way that makes it applicable to any civil proceeding, it applies to all bankruptcy cases. Though it should be noted that individuals cannot be forced into an involuntary bankruptcy in the first place, the blanket protections SCRA provides can be used to make life easier for those in the military who would benefit from not having to deal with the stresses and domestic difficulties associated with a bankruptcy at the same time that they are facing deployment.
SCRA, however, does not extend such protections indefinitely, and civil proceedings may resume against a member of the military shortly after they are discharged from service. The temporary relief it does grant, though, is often invaluable to members of the military and their dependents, especially those who are struggling in what continues to be a difficult economy.
For more information on how SCRA affects the families of active duty servicemembers, any individual who may be faced with a bankruptcy should take the time to contact one of the experienced attorneys at our offices today.