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New Bankruptcy Act versus Soldiers and Sailors Civil Relief Act

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Coastie for Truth Donating Member (1000+ posts) Send PM | Profile | Ignore Sun Mar-13-05 11:54 AM
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New Bankruptcy Act versus Soldiers and Sailors Civil Relief Act
Do the broad provisions of the new Bankruptcy Act prevail over the limited protections of the Soldiers' and Sailors' Civil Relief Act?

If the Soldiers' and Sailors' Civil Relief Act controls - then are a creditor's claims against a Soldiers' and Sailors' Civil Relief Act "protected service member" a violation of the Patriots Act?
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Name removed Donating Member (0 posts) Send PM | Profile | Ignore Sun Mar-13-05 12:47 PM
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Yosie Donating Member (239 posts) Send PM | Profile | Ignore Sun Mar-13-05 01:05 PM
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2. I have NOT read the new Bankruptcy Bill
but I do know my way around the SSCRA. And, I think the SSCRA may just trump the Bankruptcy Act.

There were a bunch of cases in the late 1960's and early 1970's where the Courts held the SSCRA trumped various Federal labor laws and civil rights laws. (Some of those involving the Wage and Hours Laws and the NLRA were cases I tried ;) ).

If I was representing a returning Iraqi or Afghani War vet - I would at least raise it and take the appeal up the court system.

I think there is a good enough chance of prevailing that the raising the issue and taking the appeal would not be frivolous.
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