St. Augustine Military Bankruptcy Lawyer
Let our attorneys help you pursue financial freedom!
Bankruptcy can happen to anyone, including those who have proudly served our country in the armed forces. What many don’t know, however, is that disabled veterans, as well as active military members, have certain advantages while facing bankruptcy. Many of those within the military can reap the same benefits as civilians from a bankruptcy filing, with the added bonus of certain protections and expedited qualifications their service allows them.
With over 70 years of combined experience, Albaugh Law Firm has helped countless Florida residents get their financial futures back on track. With the number of bases in the Jacksonville and St. Augustine area, notably Naval Submarine Base Kings Bay, we’ve also assisted on a number of military bankruptcy cases. If you’re a servicemember who is considering filing for bankruptcy, we invite you to call Albaugh Law Firm today to get the insight and relief your finances need.
An experienced St. Augustine military bankruptcy lawyer is ready to review your case!
Means Test & SCRA Exceptions
The means test is an evaluation that those seeking to file for Chapter 7 must go through in order to qualify. In many cases, a means test will show that an individual does have the funds and assets to settle their debts, essentially disqualifying them Chapter 7. However, many military members are exempt from this test, which also helps to expedite the process.
The following military members are exempt from taking the means test:
- Disabled veterans (with a 30% or more disability rating)
- National Guard members (with 90 consecutive days of service)
- Reservist (with 90 consecutive days of service)
It should be noted that for reservists and National Guard members to be exempt from the means test, they must file for Chapter 7 within 540 days of their active duty.
The Servicemembers’ Civil Relief Act (SCRA) also provides protections against bankruptcy vulnerabilities. Courts can invoke this law when the service member is currently on active duty, halting all bankruptcy proceedings against that servicemember. This is similar to “automatic stay” in normal bankruptcy procedure, but happens preemptively and protects a service member’s estate from actions such as foreclosures, evictions, and bank attachments while they are serving.
Call a St. Augustine Military Bankruptcy Attorney Today
The advantages and benefits that servicemembers receive can greatly improve the effectiveness of their bankruptcy filing. To fully benefit from the protections afforded to disabled veterans and military members during the bankruptcy process, we encourage you to give our law firm a call. Our St. Augustine bankruptcy lawyer has helped countless debtors put their financial lives back in order, including military members transitioning back to civilian life with their loved ones.
If you are a service member facing the reality of bankruptcy in St. Augustine,
contact Albaugh Law Firm today. Your free consultation is waiting!