HOME >> Interim Bankruptcy Rules

Note: The National Guard and Reservists Debt Relief Act of 2008, Pub. L. No. 110-438, as amended by Public Law No.116-53, provides a temporary exclusion from the bankruptcy means test for certain reservists and members of the National Guard. At the request of the Judicial Conference's Advisory Committee on Bankruptcy Rules, Interim Rule 1007-I (pdf) was transmitted to the courts for adoption as a local rule to implement the temporary exclusion. The temporary exclusion originally went into effect for three years on December 19, 2008. It has been extended several times by Congress, most recently until December 19, 2023.

Interim Bankruptcy Rule 1007

Note: The Bankruptcy Threshold and Technical Corrections Act (BTATC Act), Pub. L. 117-151 reinstates the total debt limit for determining eligibility of a debtor to proceed under subchapter V of chapter 11 to $7,500,000 - the amount previously in effect under the CARES Act. Interim Rule 1020 was revised to implement the CARES Act debt limit from March 27, 2020 to March 27, 2022, when the relevant CARES Act provisions expired. The BTATC Act restores the $7,500,000 limit retroactively for cases commenced on or after March 27, 2020 through June 21, 2024 (two years after the date of enactment of the BTATC Act), and Interim Rule 1020 is amended accordingly. The Advisory Committee on Bankruptcy Rules recommends that courts adopt Interim Rule 1020 as a local rule while the BTATC Act subchapter V limit is in effect.

Interim Bankruptcy Rule 1020