National Guard and Reservists Debt Relief

12/30/2015

 

11 U.S.C. § 707(b)(2)(D)

 

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

 

 

 

The National Guard and Reservists Debt Relief Act of 2008, Pub. L. No. 110-438 provides a temporary exclusion from the bankruptcy means test for reservists and members of the National Guard called up for at least 90 days of active duty or homeland defense activity following September 11, 2001.  

 

As originally enacted, the exclusion only applied to cases commenced during the three-year period after December 18, 2008.  This three-year period was extended to seven years through subsequent legislation.  On December 18, 2015 the President signed into law* a four-year extension extended the time period to 11 years (December 18, 2019).

 

If the Debtor is released from active duty during the pendency of the case the debtor's attorney 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 Release from Active Duty for additional information.   

 

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