Release from Active Duty

Rev. 12/30/2015

 

11 U.S.C. § 707(b)(2)(D)

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

 

Reservists and National Guard Members; active duty or homeland defense activity.  Members of a reserve component of the Armed Forces and members of the National Guard who were called to active duty (as defined in 10 U.S.C. § 101(d)(1)) after September 11, 2001, for a period of at least 90 days, or who have performed homeland defense activity (as defined in 32 U.S.C. § 901(1)) for a period of at least 90 days, are excluded from all forms of means testing during the time of active duty or homeland defense activity and for 540 days thereafter (the "exclusion period”).

 

The amendment applies only to cases commenced in the *11 year period beginning December 19, 2008.

 

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.

 

*Exclusion period extended from seven years to eleven years effective December 18, 2015.  See 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).