STATEMENT OF DEBTOR’S TEMPORARY EXCLUSION

FROM MEANS TEST

Effective December 19, 2008, the National Guard & Reservist Debt Relief Act 2008 provides a temporary exclusion from the means test requirement for chapter 7 debtors who are reservists or members of the National Guard.  To qualify for the exclusion, the active duty or homeland defense activity must be for a period of at least 90 days and must have occurred after September 11, 2001.  The temporary exclusion applies for the duration of active duty and for 540 days following it's termination.  

To declare their eligibility for the exclusion, debtors must complete section 1C of the Chapter 7 Statement of Current Monthly Income and Means Test Calculation form (B22A).  During the exclusion period, debtors are not required to complete the balance of the form.  However, the form must be completed and filed no later than 14 days after the date on which the exclusion period ends, unless the time for filing a motion raising the means test presumption expires in the case before the exclusion period ends.

In addition to filing a Chapter 7 Statement of Current Monthly Income and Means Test Calculation form, the Statement of Debtor's Temporary Exclusion from Means Test event must be docketed.  The instructions to do so are included below.

STEP 1           Select Bankruptcy from main menu

STEP 2           Select Misc Events category

STEP 3           Enter case number; click [NEXT]

STEP 4           Select Statement of Debtors Temporary Exclusion from Means Test from drop down menu; click [NEXT]

STEP 5           If this is a joint filing, place a check in the box and click [NEXT].  If this is not a joint filing, click [NEXT] to skip this screen.

STEP 6           Select the Party or click Add/Create New Party; click [NEXT]

TIP - If this is the first time you are appearing on behalf of this party you will be asked to place a check in the box to create an association.  Failure to place a check in the box results in the e:filer NOT receiving Notices of Electronic Filing in this case.

STEP 7          The Screen will ask if; “Is the debtor claiming temporary exclusion serving on active duty?”; choose [Yes or No]; click [Next]

STEP 7a        If choose Yes the Debtor is serving on active proceed to STEP 8

STEP 7b        If you click No the Debtor is not serving on active duty; The screen will display “Enter the date released from active duty” Enter the Date; click [NEXT] The Screen will then display when the Temporary Exclusion for the debtor ends; Click [NEXT]

STEP 8          Docket text displays.  The entry cannot be modified on this screen.  If modification is necessary, use the [BACK] button on your browser.

SAMPLE DOCKET ENTRY

The presumption of abuse is temporarily inapplicable. Re. 707(b)(2)(D)(ii) National Guard and Reservist Debt Relief Act of 2008. The debtor was released from active duty or is no longer performing as a reservist or homeland defense activities. Filed by Test Attorney on behalf of Test Client. (test atty)