Release from Active Duty

Rev. 1/31/2019

 

11 U.S.C. § 707(b)(2)(D)

 

National Guard and Reservist Debt Relief Extension Act of 2008, Pub. L. No. 110-438

National Guard and Reservist Debt Relief Extension Act of 2015, Pub. L. No. 114-107

 

 

Reservists and members of the National Guard who are called up to *active duty or to perform **homeland defense activity for at least 90 days after September 11, 2001, are excluded from all forms of means testing during the time of active duty or homeland defense activity and for 540 days after that (the "exclusion period”).  The debtor must inform the court of the date they are released from active duty or the date their homeland defense activity terminates.

 

The National Guard and Reservist Amendment Debt Relief Amendment applies only to cases commenced in the ***11 year period beginning December 19, 2008.

 

 

*Active Duty as defined in 10 U.S.C. § 101(d)(1))

**Homeland defense activity as defined in 32 U.S.C. § 901(1))

 

***On 12/18/2015 the exclusion period extended from 7 to 11 years. See the National Guard and Reservist Debt Relief Extension Act of 2015, Pub. L. No. 114-107

 

 

Requirements:

 

  • Release from Active Duty Statement (No Attachment Virtual docket event - No attachment required)

 

 

Docket Event:

 

[Bankruptcy> Other> Release From Active Duty]

 

The event schedules the temporary exclusion deadline and sets a MEANSTMPEX flag (if not already set).