If you are in the United States military and are considering filing a Chapter 13 plan, it may be in your best interest to seek legal representation concerning The Soldiers’ and Sailors’ Act. This act provides some legal protection against creditors who are seeking collection from individuals in the United States military service.

If you have already filed a Chapter 13 plan and are called to active military duty, The Soldiers’ and Sailors’ Act provides that the Chapter 13 plan would be held in abeyance. This would mean one of two things:

1. You may be able to modify your plan to make a lesser payment to the Chapter 13 Trustee during the time that you are in the military, or

2. You may be able to hold your payments in suspension until such time that you are discharged from the military and you are able to resume your payments to the Chapter 13 Trustee.

The Chapter 13 Trustee cannot provide individual legal advice; however, if you are in the military service and are considering filing a bankruptcy plan, it is in your best interest to consult legal representation on whether or not bankruptcy is appropriate for your situation or if there are certain protections for you under The Soldiers’ and Sailors’ Act.