2010 US Code
Title 50 - WAR AND NATIONAL DEFENSE
TITLE 50 - APPENDIX-WAR AND NATIONAL DEFENSE
SERVICEMEMBERS CIVIL RELIEF ACT
Sec. 591 - Anticipatory relief
View MetadataPublication Title | United States Code, 2006 Edition, Supplement 4, Title 50 - WAR AND NATIONAL DEFENSE |
Category | Bills and Statutes |
Collection | United States Code |
SuDoc Class Number | Y 1.2/5: |
Contained Within | Title 50 - WAR AND NATIONAL DEFENSE TITLE 50 - APPENDIX-WAR AND NATIONAL DEFENSE SERVICEMEMBERS CIVIL RELIEF ACT ACT OCT. 17, 1940, CH. 888, 54 STAT. 1178 TITLE VII - FURTHER RELIEF Sec. 591 - Anticipatory relief |
Contains | section 591 |
Date | 2010 |
Laws in Effect as of Date | January 7, 2011 |
Positive Law | No |
Disposition | standard |
Source Credit | Oct. 17, 1940, ch. 888, title VII, §701, as added Pub. L. 108-189, §1, Dec. 19, 2003, 117 Stat. 2860. |
Statutes at Large References | 54 Stat. 1178 86 Stat. 1098 105 Stat. 34 117 Stat. 2860 |
Public Law References | Public Law 92-540, Public Law 102-12, Public Law 108-189 |
§591. 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.
(b) Tax liability or assessmentIn a case covered by subsection (a), the court may, if the ability of the servicemember to comply with the terms of such obligation or liability or pay such tax or assessment has been materially affected by reason of military service, after appropriate notice and hearing, grant the following relief:
(1) Stay of enforcement of real estate contracts(A) In the case of an obligation payable in installments under a contract for the purchase of real estate, or secured by a mortgage or other instrument in the nature of a mortgage upon real estate, the court may grant a stay of the enforcement of the obligation—
(i) during the servicemember's period of military service; and
(ii) from the date of termination of or release from military service, or from the date of application if made after termination of or release from military service.
(B) Any stay under this paragraph shall be—
(i) for a period equal to the remaining life of the installment contract or other instrument, plus a period of time equal to the period of military service of the servicemember, or any part of such combined period; and
(ii) subject to payment of the balance of the principal and accumulated interest due and unpaid at the date of termination or release from the applicant's military service or from the date of application in equal installments during the combined period at the rate of interest on the unpaid balance prescribed in the contract or other instrument evidencing the obligation, and subject to other terms as may be equitable.
(2) Stay of enforcement of other contracts(A) In the case of any other obligation, liability, tax, or assessment, the court may grant a stay of enforcement—
(i) during the servicemember's military service; and
(ii) from the date of termination of or release from military service, or from the date of application if made after termination or release from military service.
(B) Any stay under this paragraph shall be—
(i) for a period of time equal to the period of the servicemember's military service or any part of such period; and
(ii) subject to payment of the balance of principal and accumulated interest due and unpaid at the date of termination or release from military service, or the date of application, in equal periodic installments during this extended period at the rate of interest as may be prescribed for this obligation, liability, tax, or assessment, if paid when due, and subject to other terms as may be equitable.
(c) Affect 1 of stay on fine or penaltyWhen a court grants a stay under this section, a fine or penalty shall not accrue on the obligation, liability, tax, or assessment for the period of compliance with the terms and conditions of the stay.
(Oct. 17, 1940, ch. 888, title VII, §701, as added Pub. L. 108–189, §1, Dec. 19, 2003, 117 Stat. 2860.)
Prior ProvisionsA prior section 591, act Oct. 17, 1940, ch. 888, art. VII, §701, as added Pub. L. 92–540, title V, §504(2), Oct. 24, 1972, 86 Stat. 1098; amended Pub. L. 102–12, §3, Mar. 18, 1991, 105 Stat. 34, related to power of attorney, prior to the general amendment of this Act by Pub. L. 108–189. See section 592 of this Appendix.
1 So in original. Probably should be “Effect”.
Disclaimer: These codes may not be the most recent version. The United States Government Printing Office may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the US site. Please check official sources.