What provisions has the Bankruptcy Code made regarding application of the Means Test to reservists and members of the National Guard? Provide your own reasoning with regard to why the Bankruptcy Code makes such provisions
What will be an ideal response?
Under the provisions of the National Guard & Reservist Debt Relief Act of 2008, which amended 11 U.S.C. ยง 707 (b)(2)(D), Chapter 7 debtors who are reservists or members of the National Guard are temporarily excluded from the Means Test. The debtor will qualify for this exclusion if the active duty or homeland defense activity is for a period of at least 90 days and has occurred after September 11, 2001. This exclusion from the Means Test applies for the duration of the debtor's active duty and for another 540 days after the period of active duty has terminated.
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