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Standing Order 23-25 – Order Adopting Revision to Interim Rule 1007-I, Exhibit 8 to Local Bankruptcy Rules Eff. 12/19/2023

Thursday, December 21, 2023

The Court has entered Standing Order 23-25, Order Adopting Revision to Interim Bankruptcy Rule 1007-I, and accessible at Exhibit 8 following the Local Bankruptcy Rules, which has been placed on the Court's Internet web site, under the News & Announcements header. That Order also been placed on the Court’s internet website’s Standing Orders web page under the District-Based Standing Orders header. The President signed into law H.R. 3315, the National Guard and Reservists Debt Relief Extension Act of 2023, Pub. L. No. 118-24 (2023 Act), which took effect on December 19, 2023, and shall govern procedures in all cases pending on that date or filed thereafter. The Local Bankruptcy Rules revision document is in the process of being placed on the Court’s internet website under the Rules & Forms tab—Local Rules.

The 2023 Act provides for a four-year extension of the National Guard and Reservist Debt Relief Act of 2008 (Pub. L. No. 110-438). The 2023 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 As originally enacted, the exclusion only applied to cases commenced during the three-year period after December 18, 2008.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 a 15-year period through subsequent legislation and to a 19-year by this latest extension (through December 18, 2027). Otherwise, the previous extension of the Act would have expired after December 18, 2023.

[Read Standing Order 23-25 Combined Public Notice Package PDF]