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Consumer Bankruptcy Law and Practice: 50 U.S.C. § 3918. Waiver of rights pursuant to written agreement

(a) In general. A servicemember may waive any of the rights and protections provided by this Act. Any such waiver that applies to an action listed in subsection (b) of this section is effective only if it is in writing and is executed as an instrument separate from the obligation or liability to which it applies. In the case of a waiver that permits an action described in subsection (b), the waiver is effective only if made pursuant to a written agreement of the parties that is executed during or after the servicemember’s period of military service.

Consumer Bankruptcy Law and Practice: 50 U.S.C. § 3919. Exercise of rights under Act not to affect certain future financial transactions

Application by a servicemember for, or receipt by a servicemember of, a stay, postponement, or suspension pursuant to this Act in the payment of a tax, fine, penalty, insurance premium, or other civil obligation or liability of that servicemember shall not itself (without regard to other considerations) provide the basis for any of the following:

(1) A determination by a lender or other person that the servicemember is unable to pay the civil obligation or liability in accordance with its terms.

Consumer Bankruptcy Law and Practice: 50 U.S.C. § 3931. Protection of servicemembers against default judgments

(a) Applicability of section. This section applies to any civil action or proceeding, including any child custody proceeding, in which the defendant does not make an appearance.

(b) Affidavit requirement.

(1) Plaintiff to file affidavit. In any action or proceeding covered by this section, the court, before entering judgment for the plaintiff, shall require the plaintiff to file with the court an affidavit—

Consumer Bankruptcy Law and Practice: 50 U.S.C. § 3932. Stay of proceedings when servicemember has notice

(a) Applicability of section. This section applies to any civil action or proceeding, including any child custody proceeding, in which the plaintiff or defendant at the time of filing an application under this section—

(1) is in military service or is within 90 days after termination of or release from military service; and

(2) has received notice of the action or proceeding.

(b) Stay of proceedings.

Consumer Bankruptcy Law and Practice: 50 U.S.C. § 3933. Fines and penalties under contracts

(a) Prohibition of penalties. When an action for compliance with the terms of a contract is stayed pursuant to this Act, a penalty shall not accrue for failure to comply with the terms of the contract during the period of the stay.

(b) Reduction or waiver of fines or penalties. If a servicemember fails to perform an obligation arising under a contract and a penalty is incurred arising from that nonperformance, a court may reduce or waive the fine or penalty if—

Consumer Bankruptcy Law and Practice: 50 U.S.C. § 3936. Statute of limitations

(a) Tolling of statutes of limitation during military service. The period of a servicemember’s military service may not be included in computing any period limited by law, regulation, or order for the bringing of any action or proceeding in a court, or in any board, bureau, commission, department, or other agency of a State (or political subdivision of a State) or the United States by or against the servicemember or the servicemember’s heirs, executors, administrators, or assigns.

Consumer Bankruptcy Law and Practice: 50 U.S.C. § 3951. Evictions and distress

(a) Court-ordered eviction.

(1) In general. Except by court order, a landlord (or another person with paramount title) may not—

(A) evict a servicemember, or the dependents of a servicemember, during a period of military service of the servicemember, from premises—

(i) that are occupied or intended to be occupied primarily as a residence; and

Consumer Bankruptcy Law and Practice: 50 U.S.C. § 3953. Mortgages and trust deeds

(a) Mortgage as security. This section applies only to an obligation on real or personal property owned by a servicemember that—

(1) originated before the period of the servicemember’s military service and for which the servicemember is still obligated; and

(2) is secured by a mortgage, trust deed, or other security in the nature of a mortgage.

Consumer Bankruptcy Law and Practice: 50 U.S.C. § 3957. Protection of life insurance policy

(a) Assignment of policy protected. If a life insurance policy on the life of a servicemember is assigned before military service to secure the payment of an obligation, the assignee of the policy (except the insurer in connection with a policy loan) may not exercise, during a period of military service of the servicemember or within one year thereafter, any right or option obtained under the assignment without a court order.

(b) Exception. The prohibition in subsection (a) shall not apply—

Consumer Bankruptcy Law and Practice: 50 U.S.C. § 3958. Enforcement of storage liens

(a) Liens.

(1) Limitation on foreclosure or enforcement. A person holding a lien on the property or effects of a servicemember may not, during any period of military service of the servicemember and for 90 days thereafter, foreclose or enforce any lien on such property or effects without a court order granted before foreclosure or enforcement.

Consumer Bankruptcy Law and Practice: 50 U.S.C. § 4011. Inappropriate use of Act

If a court determines, in any proceeding to enforce a civil right, that any interest, property, or contract has been transferred or acquired with the intent to delay the just enforcement of such right by taking advantage of this Act, the court shall enter such judgment or make such order as might lawfully be entered or made concerning such transfer or acquisition.

[Act of Oct. 17, 1940, c. 888, § 601, as added by Pub. L. No. 108-189, § 1, 117 Stat. 2859 (2003).]

Consumer Bankruptcy Law and Practice: 50 U.S.C. § 4013. Interlocutory orders

An interlocutory order issued by a court under this Act may be revoked, modified, or extended by that court upon its own motion or otherwise, upon notification to affected parties as required by the court.

[Act of Oct. 17, 1940, c. 888, § 603, as added by Pub. L. No. 108-189, § 1, 117 Stat. 2860 (2003).]

Consumer Bankruptcy Law and Practice: 50 U.S.C. § 4021. Anticipatory relief

(a) Application for relief. A servicemember may, during military service or within 180 days of termination of or release from military service, apply to a court for relief—

(1) from any obligation or liability incurred by the servicemember before the servicemember’s military service; or

(2) from a tax or assessment falling due before or during the servicemember’s military service.

Consumer Bankruptcy Law and Practice: Public Law Citation and Amendment History

[Pub. L. No. 95-598, tit. IV, 92 Stat. 2684 (1978); amended by Pub. L. No. 98-249, 98 Stat. 116 (1984); Pub. L. No. 98-271, 98 Stat. 163 (1984); Pub. L. No. 98-299, 98 Stat. 214 (1984); Pub. L. No. 98-325, 98 Stat. 268 (1984); Pub. L. No. 98-353, 98 Stat. 343, 345, 364 (1984); Pub. L. No. 98-454, tit. X, 98 Stat. 1745 (1984).]

Consumer Bankruptcy Law and Practice: Sec. 401.

(a) The Bankruptcy Act is repealed.

(b) Section 3 of the Act entitled “An Act to amend an Act entitled ‘An Act to establish a uniform system of bankruptcy throughout the United States’, approved July 1, 1898, and Acts amendatory thereof and supplementary thereto,” approved March 3, 1933 (47 Stat. 1482; 11 U.S.C. 101a), is repealed.

Consumer Bankruptcy Law and Practice: Sec. 402.

(a) Except as otherwise provided in this title, this Act shall take effect on October 1, 1979.

(b) Except as provided in subsections (c) and (d) of this section, the amendments made by title II of this Act shall not be effective.

(c) The amendments made by sections 210, 214, 219, 220, 222, 224, 225, 228, 229, 235, 244, 245, 246, 249, and 251 of this Act shall take effect on October 1, 1979.