I am trying to wrap my arms around the SCRA and how it applies to business loans.

1. Does the structure of the business entity matter in terms of whether the SCRA applies?

2. Do we have to check SCRA status for each individual involved in/obligated on the loan (either primarily or secondarily) or just specific individuals? If so, who?

3. Do we have to check SCRA applicability when we are seeking to realize upon business assets? For instance, what if we go after the assets of a partnership or sole proprietorship, do we have to check to see whether the sole proprietorship or any of the partners are subject to the SCRA? What about the various types of members of LLCs or other types of business entities? What if it is a C-type corporation?

4. Do we have to check for SCRA applicability if we are realizing on a CD that was pledged or going after assets other than a personal residence? Under what circumstances do we have to check?

I would appreciate your insights and thoughts in this regard. Thanks.

1, 2 & 4 - If any person that is obligated to repay the debt is active duty military then the SCRA protections apply.

For #3 I would suggest you talk to your attorney.

I assume that when you say "when we are seeking to realize upon business assets" you are meaning repossession/foreclosure? Dan provided the cautionary advice while I will just say yes, you have to check. If you foreclose/repossess property and the obligor was protected under the SCRA, then you would in fact have been prohibited from your actions sans a court order.