Rev. 3/05/2024
National Guard and Reservist Debt Relief Act of 2008, Pub. L. No. 110-438
National Guard and Reservist Debt Relief Extension Act of 2023, H.R. 3315
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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 initially enacted, the exclusion only applied to cases commenced during the three years after December 18, 2008. This three-year period was extended to 7 years and again to 11 years through subsequent legislation, and now effective December 20, 2023, to 19 years. If the debtor is released from active duty during the pendency of the case, the debtor's attorney must inform the court of the date of release from active duty or the date on which the performance of homeland defense activity terminated. See Release from Active Duty for additional information. |
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