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National Guard and Reservists Debt Relief Act of 2008

Fri, 12/19/2008 - 4:00am

Effective December 19, 2008, 11 U.S.C. 707(b)(2)(D) is amended as a result of the National Guard and Reservists Debt Relief Act of 2008. The new law provides for a temporary exclusion from means testing in chapter 7 cases for certain qualifying debtors in cases filed on or after December 19, 2008. Technical amendments have been made to Official Form B22A and the Judicial Conference has recommended that the Court adopt a model interim bankruptcy rule to effectuate the changes in the Bankruptcy Code. Pursuant to Operating Order 08-06, the Court adopts Interim Bankruptcy Rule 1007-I. The new rule incorporates the interim rule recommended by the Judicial Conference and adds subdivision (n)(1). The new subdivision clarifies that a debtor seeking to claim the exclusion should docket that the exclusion applies and, if the debtor is released from active duty during the pendency of the case, the debtor should also docket the release from active duty. Participant’s Guides have been created for these two new docket events in CM/ECF.