from Active Duty
Last Updated: December 29, 2015
On December 18, 2015, the President
signed into law the National Guard and Reservist Debt Relief Act
of 2008, Pub. L. No. 110-438, extending it an additional
four years to provide a temporary exclusion from the bankruptcy
means test for certain Reservists and members of the National
The law provides the temporary exclusion
for reservists and members of the National Guard called for no
less than 90 days to active duty or homeland defense activity
following September 11, 2001. The temporary exclusion will last
for the period that the qualifying debtor is on active duty or
is performing a homeland defense activity and for 540 days thereafter.
The debtor must inform the court of the date of release
from active duty or the date on which the performance of homeland
defense activity is terminated.
See also Statement
of Exemption from Presumption of Abuse Under § 707(b)(2).
(Note: This is a virtual
docket entry. No pdf attachment is required).
the case number (e.g, xx-xxxxx).
From Active Duty] from the event list.
the party filer.
Mark appropriate selection (debtor/joint debtor/both
debtors) to question: Which debtor served in the reserves
or in homeland defense activities?
Enter the date(s) released from active duty.
If both debtors are selected, you will be prompted for
individual (debtor and joint debtor) release dates.
Accept the CM/ECF calculated 540-day temporary
the final docket text; if correct, click [Next] to
submit your document(s).
Note: The Notice of Electronic
Filing displays giving you the document number.
Copies of this notice are immediately e-mailed
to all participants who receive electronic notification in
11 U.S.C. 707(b)(2)(D)