File Bankruptcy Lawyer Cortland New York
File Chapter 7 Bankruptcy Lawyer Cortland New York Keith Dayton Attorney at Law - Cortland NY. Bankruptcy, DWI Defense, Criminal Lawyer, Landlord Tenant, Debtor, Creditor, Cortland New York. Keith Dayton Law Office Cortland file chapter 11
Keith Dayton Attorney at Law City of Cortland Bankruptcy Lawyer Cortland I need bankruptcy help in Cortland
Should I File Chapter 7 or 11
Get Bankruptcy help in Cortland New York

APPLICABILITY TO BANKRUPTCY PROCEEDINGS     (Page 174)

The language of the SCRA states that it is generally applicable in any action or proceeding commenced in any court. 50 U.S.C. app. §§ 521, 522 and 524. Therefore, absent contravening language with respect to bankruptcy proceedings, the SCRA applies to all actions or proceedings before a bankruptcy court.

The applicability of the SCRA in bankruptcy proceedings is also evident in the Federal Rules of Civil Procedure and the Federal Rules of Bankruptcy Procedure. For example, the advisory committee note to Federal Rule for default judgments, Fed. R. Civ. P. 55(b), states that it is directly affected by the SCRA.2 Under Fed. R. Bankr. P. 7055 and 9014 of the Federal Rules of Bankruptcy Procedure, Fed. R. Civ. P. 55 is applicable in bankruptcy adversary proceedings and contested matters. Thus, the default judgment protections of the SCRA clearly apply in bankruptcy cases.

The bankruptcy court clerk’s office is aware of the requirement that the plaintiff must provide an affidavit stating whether the defendant is in the military before default may be entered against the defendant. Bankruptcy Procedural Forms B260, B261A, and B261B, and their accompanying instructions, provide additional guidance concerning the applicability of the SCRA to default judgments and related procedural requirements. 

 << BACK     NEXT >>


File Bankruptcy Cortland NY File Bankruptcy Cortland NY File Bankruptcy Cortland NY File Bankruptcy Cortland NY File Bankruptcy Cortland NY File Bankruptcy Cortland NY File Bankruptcy Cortland NY File Bankruptcy Cortland NY File Bankruptcy Cortland NY File Bankruptcy Cortland NY File Bankruptcy Cortland NY File Bankruptcy Cortland NY File Bankruptcy Cortland NY File Bankruptcy Cortland NY File Bankruptcy Cortland NY File Bankruptcy Cortland NY File Bankruptcy Cortland NY

Put Experience, Professionalism, Compassion and Diligence on YOUR Side

  

"The leading rule for the lawyer, as for the man of every other calling, is diligence.
Leave nothing for tomorrow which can be done today."   - Abraham Lincoln



File Bankruptcy Cortland NY

 

HOMEBANKRUPTCY HOME  |  CONTACT

 

4 Lincoln Ave Suite 205, Cortland NY 13045

     
Copyright 2002-2008 All Rights Reserved.   CDayton Marketing Consultants