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EXTENSION OF TEMPORARY EXCLUSION FROM MEANS TESTING IN BANKRUPTCY CASES

On December 18, 2015, the President signed into law a four-year extension of the National Guard and Reservist Debt Relief Act of 2008, Pub. L. No. 110-438.1 The Act amends Section 707(b)(2)(D) of the Bankruptcy Code to provide 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 As originally enacted, the exclusion only applied to cases commenced during the three-year period after December 18, 2008.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 and to 11 years by this latest extension.

Publication Date: 
December 30, 2015