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Can Active Duty Military Members File for Bankruptcy?

Credit and bankruptcy issues impact people from all walks of life.  We have clients from varying backgrounds and varying occupations.  Some career fields present interesting challenges for individuals filing for bankruptcy.  However, there is no need to worry.  We handle bankruptcy cases all day and a very familiar with the occupational challenges that may exist for some of our clients.  One example of an occupational challenge is a residency requirement for our clients in the military.  We know that many people in any of the armed services move frequently, or may even consider their permanent residence in a state where they have not lived for many years. 

 

Of course, there are residency requirements to file for bankruptcy and we will generally look at where you have lived for the previous 180 day period.  Don’t fret, there are different procedures for people in the military.  The Service Member’s Civil Relief Act (SCRA) made it much easier for military members to make official state designations.  This designation would be effective for voting matters, licensing, and even bankruptcy.  If you have designated a domicile you are considered to meet the residency requirements of that state regardless of where you are physically located. 

 

As you probably know by now, there is a 341 meeting, or Creditor’s Meeting, that is conducted in all bankruptcy cases, regardless of whether it is a Chapter 7 or a Chapter 13 Bankruptcy.  The debtor is required to attend.  However, there are also exceptions for service members that are active duty that cannot be present.  We have represented people in bankruptcy matters that have been deployed out of the country for the entire period of their bankruptcy.  We will work with you as best as possible.  This can be completed; however, will present the need for some additional paperwork.  Make sure to contact us as soon as possible so we can walk you through all of the additional steps we will need to take.

 

If you have questions about this, or any other matter, contact your St. Louis Bankruptcy Attorney Today!


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