Hot Topic for January

National Guard and Reservists Debt Relief Act of 2008


ALERT! Effective December 19, 2008

On October 20, 2008, the President signed the National Guard and Reservists Debt Relief Act of 2008, Pub. L. No. 110-438. The Act provides a temporary exclusion from the bankruptcy means test 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 will be effective on December 19, 2008, which is 60 days after enactment. The amendment applies only to cases commenced in the three-year period beginning on the effective date of the Act.

New official form B22 (will be available December 19, 2008)

In addition to the declaration of temporary exclusion found on the new Means Test, a Statement of Debtor’s Temporary Exclusion is also required. Two new docket events found under Bankruptcy > Miscellaneous should be used in relation to a temporary exclusion Both of these events are virtual entries, which means they do not require a .PDF attachment.

  1. Statement of Debtor’s Temporary Exclusion from Means Test

  2. - exclusion does not include spouse unless they are on active duty as well

    Information that will be required when filing in ECF:
    • Is the debtor claiming the temporary exclusion currently serving on active duty? Yes or No
    • If no, enter the date released from active duty.
    • CM/ECF will calculate the 540 day exclusion period.
  3. Release from Active Duty (Commences the 540 day exclusion period)

For additional information, please see the CM/ECF User's Manual.

January Facts:

In November 2008:
  • 263 Attorneys filed
  • 6,592 pleadings electronically
  • 46% of all pleadings filed

New Petitions filed by Electronic Case Filers:
  • 91 % November 2008
  • 90 % year to date

Madison’s Annual Open House
Come one. Come all. You are invited!

Mark the date: Thursday, January 22, 2009
Note the time: 11:30 a.m. - 1:30 p.m.
Arrive at: Room 340, 120 North Henry Street, Madison, Wisconsin

Please R.S.V.P. by January 12, 2009 to:

Help Desk Info:

Our ECF Technical Help Desk is available during regular office hours 8:00-4:30 M-F

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