Statement of Exemption from Presumption of Abuse

Under § 707(b)(2)

Last Updated: December 1, 2015

On December 18, 2015, the President signed the National Guard and Reservist Debt Relief Extension Act of 2011, Pub. L. No. 112-64, extending for an additional four years the temporary exclusion from the bankruptcy means test for certain Reservists and members of the National Guard.

The National Guard and Reservists Debt Relief Act of 2008, Pub. L. No. 110-438, 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 amendment to Section 707(b)(2)(D) of the Bankruptcy Code became effective on December 19, 2008, and originally applied only to cases commenced in the three-year period beginning on the effective date of the Act.

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

Official Form B122A-1 Supp (effective 12/1/15)

Filing Requirements:


To File Electronically:

  1. Log into CM/ECF

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

  3. Select  [Bankruptcy>Misc/Other>[Chapter 7 Statements - Monthly Income 122A-1/Exemption Presumption of Abuse (122A-1Supp)].

  4. Select the party filer.

  5. Browse to attach the document (pdf file).

  6. Select "Yes" or "No":  - Do you Believe That you are Exempted From a Presumption of Abuse Because you Have Primarily Business Debt OR Qualifying Military Service?

                    If "No", click [Next] and select appropriate Presumption of Abuse and enter Total Current Monthly Income and complete event.

                    If "Yes" - You must complete both Form 122A-1 AND Form 122A-1Supp, select the Reason for Means Test Exemption:

      • Primarily Non-Consumer Debt:  If selected, click next and complete event.

      • Military/Homeland Security Service: If selected, answer the questions in subsequent screens and complete event.

        Hint:  Accept CM/ECF calculated 540-day temporary exclusion deadline.

  1. Verify the final docket text; if correct, click [Next] to submit your document.

 

 

 

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

 

FRBP: