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Military Bankruptcy Attorney in Waco, Killeen, and Fort Hood

Military Bankruptcy

Active duty soldiers and veterans understand the value of service, loyalty, and dedication. Men and women who are serving or who have served in the military also understand that if you are facing hardship, you can call on others for support. If you are a current or former member of the military, or a military spouse, and you are considering filing for bankruptcy relief, turn to a lawyer who can give you the knowledge, experience and support you need.

Erin B. Shank has nearly four decades of experience helping people put their debt problems behind them. She is proud to represent active duty military members and veterans and their families with bankruptcy and debt resolution.

Erin is committed to your safety and convenience, with a 100% contact-free practice. She can handle your entire bankruptcy filing, from your free initial consultation to your final bankruptcy discharge, from the convenience of your own home.

For a free initial virtual consultation, contact Erin B. Shank today online or by phone.

How Our Waco Military Bankruptcy Lawyer Can Help

A bankruptcy can be a confusing and stressful time for military members ─ whether active duty or retired, and their families. It is important to have an experienced attorney in your corner. An attorney can walk you through the entire bankruptcy process and guide you on how to manage your case from start to finish.

Attorney Erin B. Shank can help you by:

  • Analyzing the facts and circumstances of your unique situation
  • Advising you on the types of bankruptcy and other debt-relief options, such as home loan modification and tax debt resolution
  • Explaining the unique laws, rules, and concerns about debt and how that affects those who are serving our country with a military bankruptcy
  • Drafting, preparing, and filing bankruptcy paperwork
  • Personally attending all court appearance with you
  • Advocating for the rights of you and your family

Special Bankruptcy Concerns for Military and Veterans

Active duty military members and veterans often face unique challenges when considering debt relief. Erin is experienced in dealing with security clearance issues, special provisions helpful to the military concerning the Bankruptcy Means Test and the Service Members Civil Relief Act. It is important to seek advice from an experienced bankruptcy attorney who has decades of experience representing members of the military and veterans in Central Texas.

One key part of a Chapter 7 bankruptcy case is the Means Test. This is a test that is designed to force individuals into the five year wage garnishment of a Chapter 13, instead of the simpler Chapter 7 alternative. Erin has studied the bankruptcy laws extensively and uses those laws to allow her clients to file Chapter 7 cases, instead of Chapter 13 cases. Some examples include the following:

  • If you are a disabled veteran, with a 30% of higher VA disability rating and at least 50% of your debt was incurred while you were on active duty or performing a homeland defense activity, the Means Test cannot be employed to force you into a Chapter 13 filing.
  • If you are receiving VA disability income, that income is excluded from the Means Test.

Another key consideration for service members is how the Servicemembers Civil Relief Act (SCRA) may affect your bankruptcy. Under the act you may have additional safeguards in and outside of bankruptcy, including protection against default judgments. The SCRA can provide many different types of protection depending upon the circumstances. As a Killeen and Fort Hood military bankruptcy lawyer, Erin can advise you on how the law might apply in your situation.

Chapter 7 Bankruptcy Eligibility for Military

Erin is proud of the thousands of successful bankruptcy cases she has filed for military members ─ both active duty and veterans. Qualifying for a Chapter 7 bankruptcy can be tricky. Let Erin advise you on how to successfully make those laws work for you.

Stop AAEFS and Military Star Garnishments

A bankruptcy offers a wide range of automatic protections that kick in when you file your bankruptcy case. In a bankruptcy case, it’s important to know that debt owed to AAFES and Military Star is dischargeable and garnishments by these creditors are stopped automatically when your case is filed.

When we file your bankruptcy case, it automatically stays debt collection from creditors as well as involuntary allotments initiated by AAFES or Military Star. A bankruptcy can be a powerful tool for protecting yourself from creditors and garnishments. If you’re considering a possible bankruptcy case filing, call Erin B. Shank today and let her experience work for you to help you find a solution to your financial problems.

How Bankruptcy Can Affect Security Clearance

One way that military bankruptcies differ from civilian bankruptcies is how bankruptcy can affect your security clearance. Whether a bankruptcy will affect your security clearance will depend on the unique factors of your case. If you have questions about your clearance and bankruptcy, speak with Erin B. Shank, a military bankruptcy attorney in Killeen, Fort Hood and Central Texas.

Bankruptcy Considerations for Disabled Veterans

Disabled veterans’ VA Disability income is automatically exempt from a Means Test. Texas has such strong exemption laws that it is very rare for clients to be concerned about losing assets when they file their bankruptcy case.

Get Help from Our Killeen and Fort Hood Military Bankruptcy Attorney

Members of the military (both active duty and retired) may qualify for additional protections in a bankruptcy proceeding. If you are considering bankruptcy, it is critical that you speak with an experienced military bankruptcy attorney.

Attorney Erin B. Shank has nearly 40 years of experience practicing exclusively bankruptcy law in Texas. She has helped military members move through bankruptcy and towards a brighter financial future. Erin is committed to your safety and convenience. Her law practice is 100% contact-free. That means Erin can handle your bankruptcy without any in-person meetings in a completely virtual manner.

For a free virtual initial consultation, contact Erin online or call us today!

Associations & Awards
  • avvo
  • state bar of texas
  • avvo
  • state bar of texas
  • nacba
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Our Locations
Killeen Office
Waco Office