Regarding Interim Bankruptcy Rule 1007-I and Amended Bankruptcy Form 22A
On October 20, 2008, the President signed the National Guard and Reservists Debt Relief Act of 2008, Pub.L.No.110-438. The Act, which amends section 707(b)(2)(D) of the Bankruptcy Code, provides a temporary exclusion from the bankruptcy means test for certain members of the National Guard and reserve components of the Armed Forces called for no less than ninety (90) days to active duty or homeland defense activity. The amendment applies only to cases commenced in the three-year period beginning on December 19, 2008, the effective date of the Act.
In conjunction with this Act, the Judicial Conference of the United States has approved Interim Bankruptcy Rule1007-I, and an amendment to Official Form 22A, Statement of Current Monthly Income and Means Test Calculation. The amended form includes a new Part IC for qualifying debtors to invoke the exclusion from the means test. Coinciding with the effective date of the Act, the amended form will be effective on December 19, 2008.
IT IS ORDERED that Interim Bankruptcy Rule1007-I, as set forth in Attachment A, shall apply to cases and proceedings in this Court effective December 19, 2008, and absent further order of this Court shall remain in effect until replaced by an amended Bankruptcy Rule.
Dated this 16th day of December, 2008.
Lamar W. Davis, Jr.
Chief United States Bankruptcy Judge
John S. Dalis
United States Bankruptcy Judge
Susan D. Barrett
United States Bankruptcy Judge