Is there a military advantage when filing for bankruptcy Chapter 7?

Asked almost 4 years ago - Fort Lauderdale, FL

Hello.

If there is an individual who is military or ex-military, is there any type of advantage or factor in filing for chapter 7 bankruptcy? Maybe in getting the fees waived or some kind of special consideration?

Thank you for your help.

Attorney answers (2)

  1. Mohammad Ahmed Faruqui

    Contributor Level 11

    Answered . I agree. Current and some former military personnel can have their status taken into consideration for means test issues. In fact, we always ask potential clients if they are service members, National Guard members or disabled veterans.

    With regard to getting fees waived, if you are talking about the fee for credit counseling classes, that depends on the credit counseling course provider. Court filing fees are rarely waived, but sometimes broken up into small installments.

  2. Andrew Daniel Myers

    Contributor Level 20

    Answered . Members of the military do not have to take the means test which determines eligibility for a chapter 7 bankruptcy. The means test is also inapplicable to certain members of the National Guard, Reserves or disabled veterans. The exemption also applies to those who file within 540 days of the time in which they return from active duty in a combat zone.

    Bankruptcy requires detailed review of of an individual's entire situation including all debts, income and assets. I highly recommend that a thorough bankruptcy analysis can be made only through an experienced bankruptcy attorney in your jurisdiction to guide you through the complexities of bankruptcy law and procedure.

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