On October 20, 2008, the President signed the National Guard and Reservists Debt Relief Act of 2008, Pub. L. No. 110-438. The Act provides a temporary exclusion from the bankruptcy means test 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 applies only to cases commenced in the eleven-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.

Filing Requirements:

Release from Active Duty

To File Electronically:

1. Log into CM/ECF
2. Enter the case number (e.g. xx-xxxxx)
3. Select [Bankruptcy > Miscellaneous > Release From Active Duty].
   Note: This is a virtual docket entry. No pdf attachment is required.
4. Select the party filer(s)
5. Make appropriate (debtor/joint debtor/both debtors) selection to question: Which debtor served in the reserves or in homeland defense activities?
6. 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.
7. Accept the CM/ECF calculated 540-day temporary exclusion deadline(s).
8. Verify the final docket text, if correct, click [Next] to submit your document.