Legal Question in Military Law in Oklahoma

Re: Military Bankruptcy

I agree with my colleague, Mr. Cave's analysis and advice. Many years ago, the military arbitrarily concluded that any active duty military person who filed for bankruptcy, was guilty of "financial irresponsibility" and were punished for such. But, bankruptcy is a process authorized by federal law and the military cannot punish someone for excercising a right that Congress provides under the U.S. Constitution.

But, as Mr. Cave correctly notes, if someone for example borrowed money from say a Relief organization, and then, shortly thereafter files for bankruptcy and tries to get out of paying that debt, that COULD, in some circumstances constitute "financial irresponsibility."

Additionally, if you are talking about a joint bankruptcy, then of course the Army has no business in your affairs in any event.

My advice is to have your Bankruptcy Attorney write a letter, addressed to your husbands Commander, saying that he has reviewed your financial situation in detail, that there is no intent to defraud anyone and that bankruptcy is in your particular case, both warranted and advisable.

You and your husband both should also make an appointment with the JAG Legal Assistance Officer and speak with them about your bankruptcy situation and the threats made to your husband.

Good luck to you and your husband.

Don Rehkopf

Re: Military Bankruptcy

I do not believe that a soldier can be NJP for bankruptcy. You need to have your husband talk to JAG. Your husband should also consider an Article 138 filing against those who threatened him in this manner.

See a JAG attorney immediately.

Re: Military Bankruptcy

No, they cannot take punitive action for filing bankruptcy. However, there are some situations where action can be taken if there is "dishonorable failure to pay just debts." The policy is that the military DOES NOT act as a collection agency.

There is also an issue related to security clearances. But by law, filing bankruptcy cannot be a basis to revoke a security clearance. But again, they could take action under the DoD Regulation on the underlying financial issues.

Email me for an additional (free) consultation.

Sincerely, www.court-martial.com