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#899568 - 02/04/08 09:47 PM Contractor Applyig for SCRA?
MikeD Offline
Junior Member
Joined: Jul 2004
Posts: 30
Los Angeles
Is a guy who works for Kellog, Brown, & Root eligible for SCRA, because he's doing something for the military in Iraq?

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Lending to Servicemembers (SCRA, JWNDAA), War, Terrorism
#899846 - 02/05/08 02:33 PM Re: Contractor Applyig for SCRA? MikeD
trail hiker Offline
Gold Star
Joined: Jul 2007
Posts: 436
Title 1 of the SCRA section 101 Definitions states that a service member is "a member of the uniformed services as that term is defined in section 101(a)(5) of Title 10, United States Code:
(4) The term ``armed forces'' means the Army, Navy, Air Force,
Marine Corps, and Coast Guard.
(5) The term ``uniformed services'' means--
(A) the armed forces;
(B) the commissioned corps of the National Oceanic and
Atmospheric Administration; and
(C) the commissioned corps of the Public Health Service.

It then states in SCRA section 104
Sec. 104. EXTENSION OF PROTECTIONS TO CITIZENS SERVING WITH ALLIED FORCES.
A citizen of the United States who is serving with the forces of a nation with which the United States is allied in the prosecution of a war or military action is entitled to the relief and protections provided under this Act if that service with the allied force is similar to military service as defined in this Act. The relief and protections provided to such citizen shall terminate on the date of discharge or release from such service

I don't know what your borrower is doing but it looks like he needs to fit into the above section 104 category.
If you are still not sure you could probably call Military One.
Just my opinion and not to be used as legal advice.

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#900650 - 02/06/08 01:47 PM Re: Contractor Applyig for SCRA? trail hiker
Dan Persfull Offline
10K Club
Dan Persfull
Joined: Aug 2002
Posts: 46,967
Bloomington, IN
I agree. A contractor is not serving in the military or with allied forces. They simply made a bid on a military project and their bid was accepted.
_________________________
The opinions expressed are mine and they are not to be taken as legal advice.

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#901621 - 02/07/08 07:40 PM Re: Contractor Applyig for SCRA? Dan Persfull
Andy_Z Offline
10K Club
Andy_Z
Joined: Oct 2000
Posts: 27,556
On the Net
I was speaking with a friend of mine who worked in Iraq for a contractor in the past. He is ready to graduate school in a few months and said he may go back. That would allow him to pay off his student loans fast. He works on computers, desktops and networks. I asked him what he could make and save in a year doing that. $100,000, he said.

Does this sound like someone needing interest rate protections? Put me firmly with Dan and trail hiker. He isn't covered, and shouldn't be granted protections under the SCRA.
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AndyZ CRCM
My opinions are not necessarily my employers.
R+R-R=R+R
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