Release 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 Guard.

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.

Filing Requirements:

  • Release from Active Duty
    (Note: this is a virtual docket entry. No pdf attachment is required).

See also Statement of Exemption from Presumption of Abuse Under § 707(b)(2).


To File Electronically:

  1. Log into CM/ECF.

  2. Select [Bankruptcy >  Misc/Other].

    (Note: This is a virtual docket entry. No pdf attachment is required).

  3. Enter the case number (e.g, xx-xxxxx).

  4. Select [Release From Active Duty] from the event list.

  5. Select the party filer.

  6. Mark appropriate selection (debtor/joint debtor/both debtors) to question: Which debtor served in the reserves or in homeland defense activities?

  7. 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.

  8. Accept the CM/ECF calculated 540-day temporary exclusion deadline(s).

  9. Verify 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 the case.

 

 

 

 

11 U.S.C. 707(b)(2)(D)

FRBP: