Extension of Temporary Exclusion from Means Testing for Reservists and Members of the National Guard

    On December 13, 2011, the President signed the National Guard and Reservist Debt Relief Extension Act of 2011, Pub. L. No. 112-64, extending for an additional four years the temporary exclusion from the bankruptcy and means test for certain Reservists and members of the National Guard.

     The National Guard and Reservist Debt Relief Act of 2008, Pub. L. No. 110-438, provides for the temporary exclusion 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 became effective on December 19, 2008, and originally applied only to cases commenced in the three-year period beginning on the effective date of the Act.