Release from Active Duty

Rev. 3/05/2024

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 2023, H.R. 3315

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 the debtor is release from duty.

The debtor must inform the court of the date they are released from active duty or when their homeland defense activity terminates.

The National Guard and Reservist Amendment Debt Relief Amendment applies only to cases commenced in the ***19 year period beginning December 18, 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 12/20/2023 the exclusion period extended from 15 to 19 years. See the National Guard and Reservist Debt Relief Extension Act of 2023, H.R. 3315.

Requirements:

Release from Active Duty Statement (No attachment required)

 

Docket Event:

[Bankruptcy > Other > Release From Active Duty]


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U.S. Bankruptcy Court    Southern District of Mississippi