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Military Bankruptcy

Military Bankruptcy - Chesapeake, Virginia Beach, Norfolk, Newport News, Hampton, Chesterfield, Richmond

Department of Defense policy states that “members of the Military Services are expected to pay their just financial obligations in a proper and timely manner. A service member’s failure to pay a just financial obligation may result in disciplinary action under the Uniform Code of Military Justice.”

However, most of the time the indebtedness is unavoidable, unexpected or too late to reverse. Fortunately, the DOD acknowledges your right under federal law to avail yourself of bankruptcy to resolve your financial difficulty.

Most of the time your financial situation is not a concern of the military until it is brought to the attention of your commander or your security clearance office.

Even at that point we can intervene with a bankruptcy and explain to your command and security processor to reverse the damage. Don’t wait until the military is threatening to separate you from service. Call today and meet with one of our experienced attorneys to help you take your financial stress away and let you focus on the mission and your family.

Don’t let Legal Problems Distract You From The Mission.  

Our experienced attorneys have represented thousands of service men and women even while on deployment or TDY. 

Will I lose my security clearance if I file bankruptcy?

Bankruptcy alone is not a disqualifier to retaining or receiving a security clearance.  In fact, it can save your job and clearance. Generally, an individual who is delinquent on his/her debt has a greater risk of losing their clearance.  A bankruptcy eliminates the debt or sets up a repayment plan with the creditor.

Will the creditors continue to contact my Command after filing bankruptcy?

No. We will notify them immediately upon filing to discontinue all communication with your command. Filing of bankruptcy prohibits creditors from attempting to collect on a debt.  Contacting your command would be in direct violation of your bankruptcy protection and could subject the creditor to sanctions.

Can the JAG office assist me with a bankruptcy?

No. The local JAG office can not represent you in a bankruptcy proceeding.

Can I be booted out of the military for filing bankruptcy?

No. Under the UCMJ Article 134, you can be separated from services for failure to pay your debt.  However, bankruptcy is considered a federal right, and assuming no other disciplinary issues, will generally eliminate this as a concern.

Will my Command be notified that I filed bankruptcy?

No. We do not notify your command of your bankruptcy filing.  If your pay is being garnished, DFAS will have to be notified of the filing to halt the garnishment.

Can I eliminate my STAR Card debt in a bankruptcy?

Yes. While the STAR Card has special status outside of bankruptcy by virtue of being affiliated with the military, in a bankruptcy it has no special status.  It can be eliminated without any ramifications to your military career.

Will filing bankruptcy keep me from getting promotions or affect my evaluations?

No.  In as much as your Command is not notified of your bankruptcy filing, this information is not available to them and therefore does not affect promotions and evaluations.

Does my bankruptcy filing affect my spouse if they do not file?

No. Your filing does not affect your spouse. Filings are tracked by name and social security numbers.  If your spouse chooses not to file with you their name and social does not appear on the petition.


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 The Merna Law Group, Attorneys At Law, P.C. …overall experience was outstanding!5 Stars! “My husband and I were very happy with The Merna Law Firm. They are well organized, time manageable, and friendly. I was even able to bring my children with me if I needed to. In court, they stayed right there beside us and answered all questions we had. Our overall experience was outstanding and I am glad we were represented by the Merna Law Group.” Reviewed by A.M. of Suffolk on Mar 5 . 
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 The Merna Law Group, Attorneys At Law, P.C. …very helpful and friendly!5 Stars! “Everyone at the office was very helpful and friendly. The attorney answered all of our questions and helped us through the entire process. He was also very helpful answering concerns that we had after the process was completed/over. Highly recommended!” Reviewed by M.E. of Virginia Beach on Mar 11 .