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Extension of Temporary Exclusion from Means Testing in Bankruptcy Cases

January 19, 2016

Joe Falzone
Clerk of Court

United States Bankruptcy Court
Southern District of Florida
301 North Miami Avenue
Miami, Florida 33128

 

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 As originally enacted, the exclusion only applied to cases commenced during the three-year period after December 18, 2008.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 December 18, 2019, by this latest extension.

To implement this temporary exclusion, Interim Bankruptcy Rule 1007-I was adopted by this court as a local rule under Administrative Order 12-03 and, as provided by this order, remains adopted through this latest extension and any future extensions of the Act. A copy of the Interim Rule with an updated footnote which reflects the extension of time embodied in the Act is posted on the Federal Rulemaking website at: http://www.uscourts.gov/rules-policies/current-rules-practice-procedure

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