Background on the SCRA — Bankruptcy Law Basics
The Servicemembers' Civil Relief Act ("SCRA") is found at 50 U.S.C. app. §§ 501 et seq. The purpose of the SCRA is strengthen and expedite national defense by giving servicemembers certain protections in civil actions. By providing for the temporary suspension of judicial and administrative proceedings and transactions that may adversely affect servicemembers during their military service, the SCRA enables servicemembers to focus their energy on the defense of the United States. Among other things, the SCRA allows for forbearance and reduced interest on certain obligations incurred prior to military service, and it restricts default judgments against servicemembers and rental evictions of servicemembers and all their dependents. The SCRA applies to all members of the United States military on active duty, and to U.S. citizens serving in the military of United States allies in the prosecution of a war or military action. The provisions of the SCRA generally end when a servicemember is discharged from active duty or within 90 days of discharge, or when the servicemember dies. Portions of the SCRA also apply to reservists and inductees who have received orders but not yet reported to active duty or induction into the military service.
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Bankruptcy Law Center
- Automatic Stays Under Bankruptcy Law
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- Credit Counseling and Debtor Education Courses Legally Required for Bankruptcy
- Joint Bankruptcy Petitions for Married Couples & Legal Implications
- Bankruptcy Exemption Laws
- Collections Laws and Bankruptcy
- Bankruptcy Legal Procedures
- Eviction Legal Issues Related to Bankruptcy
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- Lien Avoidance Under Chapter 7 Bankruptcy Law
- Lien Stripping Under Chapter 13 Bankruptcy Law
- How Unemployment Can Legally Affect Filing for Bankruptcy
- Protecting Your Assets During the Bankruptcy Legal Process
- Tax Law Issues Related to Bankruptcy
- Alternatives to Bankruptcy Under the Law
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