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GAO-10-1014R: 

United States Government Accountability Office: 
Washington, DC 20548: 

September 30, 2010: 

Congressional Committees 

Subject: Military Personnel: Observations on the Use and Effects of 
the National Guard and Reservists Debt Relief Act of 2008: 

In section 3 of the National Guard and Reservists Debt Relief Act of 
2008 (Pub. L. No 110-438 (2008)), Congress mandated that we provide 
information on the use and the effects of the provisions of law 
amended (and as amended) by the act. Specifically, the act amended the 
existing bankruptcy code to exempt qualifying members of the National 
Guard and Reserve Components from the means test process when they 
file a petition for Chapter 7 bankruptcy relief. We are fulfilling the 
act's requirement by transmitting the enclosed briefing slides to the 
President Pro Tempore of the Senate and the Speaker of the House of 
Representatives. 

We provided a draft of the enclosed slides to the Administrative 
Office of the U.S. Courts, the Executive Office for U.S. Trustees, and 
the Department of Defense for review and comment. They provided us 
with technical comments, which we have incorporated as appropriate. 

We are sending copies of this report to the appropriate congressional 
committees, the Director of the Administrative Office of the U.S. 
Courts, the Assistant Attorney General for Administration at the 
Department of Justice, and the Secretary of Defense. The report is 
also available at no charge on the GAO Web site at [hyperlink, 
http://www.gao.gov]. 

Should you or your staff have any questions concerning this report, 
please contact me at (202) 512-5257 or merrittz@gao.gov. Contact 
points for our Offices of Congressional Relations and Public Affairs 
may be found on the last page of this report. Key contributors to this 
report include Elizabeth McNally, Assistant Director; Jason Bromberg, 
Assistant Director; Jeremy Cluchey; Julie A. Corwin; Cynthia Grant; 
Stuart M. Kaufman; Shvetal Khanna; Joanne Landesman; Gregory A. 
Marchand; Jungjin Park; Terry Richardson; Michael Shaughnessy; Michael 
Silver; and Amie M. Steele. 

Signed by: 

Zina D. Merritt: 
Acting Director: 
Defense Capabilities and Management: 

Enclosure: 

List of Committees: 

The Honorable Sheldon Whitehouse: 
Chairman: 
The Honorable Jeff Sessions: 
Ranking Member: 
Subcommittee on Administrative Oversight and the Courts: 
Committee on the Judiciary: 
United States Senate: 

The Honorable Steve Cohen: 
Chairman: 
The Honorable Trent Franks: 
Ranking Member: 
Subcommittee on Commercial and Administrative Law: 
Committee on the Judiciary: 
House of Representatives: 

[End of section] 

Enclosure: Briefing Slides: 
		
Military Personnel: Observations on the Use and Effects of the 
National Guard and Reservists Debt Relief Act of 2008: 

September 30, 2010: 

GAO-10-1014R Debt Relief Act: 

Table of Contents: 

Introduction to the National Guard and Reservists Debt Relief Act of 
2008: 

Background: 

Objectives: 

Eight Percent of Eligible Servicemembers Who Filed for Bankruptcy 
Relief Under Chapter 7 Have Claimed the Means Test Exemption: 

Thirty-Two Percent of the Aggregate Debt Reported by Servicemembers 
Could Potentially Be Discharged: 

Ten of the 11 Eligible Servicemembers We Interviewed Did Not Attribute 
Their Debt to Military Service: 

Debt Relief Act Has Had Little Perceived Effect on the Bankruptcy 
System or on Creditors: 

Servicemembers Report That Debt Relief Act Has Had No Impact on Their 
Debt Incurrence Practices: 

Appendix I: The National Guard and Reservists Debt Relief Act of 2008: 

Appendix II: Scope and Methodology: 

[End of section] 

Introduction to the National Guard and Reservists Debt Relief Act of 
2008: 

The National Guard and Reservists Debt Relief Act of 2008 (Debt Relief 
Act):[Footnote 1] 

* applies to members of the National Guard and Reserve Components who, 
after September 11, 2001, are ordered to active duty or to perform a 
homeland defense activity for at least 90 days[Footnote 2] and; 

* temporarily exempts these members of the National Guard and Reserve 
Components from certain proof requirements of the Chapter 7 bankruptcy 
process (specifically, undergoing an income/expense calculation, which 
is known as the means test). 

The Debt Relief Act also requires GAO to provide a study on the use 
and the effects of the act by December 2010. (See appendix I for 
information on the reporting requirements.) 

[End of section] 	
			
Background: Types of Bankruptcy and the Bankruptcy Process: 

Bankruptcy is a federal court procedure that can help provide relief 
for both individuals and businesses from debts that they cannot fully 
repay and help creditors receive some payment.[Footnote 3] An 
individual or an individual and spouse jointly may file a petition for 
bankruptcy relief. Individuals usually file a petition under Chapter 7 
or 13 of the Bankruptcy Code. 

* Under Chapter 7, bankruptcy debtors may be eligible for discharge of 
most unsecured debts.[Footnote 4] 

* Under Chapter 13, bankruptcy debtors submit a proposed repayment 
plan for the court's approval in which they agree to pay all or a 
portion of their unsecured debts over time. 

The Chapter 7 bankruptcy process employs a "means test" to weigh an 
individual debtor's historical income against his/her debts and living 
expenses, according to a statutory formula, to determine if the debtor 
is eligible for Chapter 7 bankruptcy protection.[Footnote 5] In 
general, a debtor whose income minus allowable living expenses exceeds 
certain thresholds might not qualify for Chapter 7 bankruptcy 
protection and would have to either seek conversion to a different 
chapter of bankruptcy or have his/her bankruptcy case dismissed and 
receive no bankruptcy relief at all. 

Entities Involved with the U.S. Bankruptcy System: 

The U.S. bankruptcy system involves entities in both the judicial and 
executive branches of government. 

Within the judicial branch, the Administrative Office of the U.S. 
Courts serves as the central support entity for federal courts, 
including bankruptcy courts, and provides a wide range of 
administrative, legal, financial, management, and information 
technology functions. The Administrative Office of the U.S. Courts has 
developed and supports nationwide data systems to manage and maintain 
information on bankruptcy cases, but these systems are largely 
operated, managed, and maintained by the local bankruptcy courts. 

Within the executive branch, the U.S. Trustee Program—-a component of 
the Department of Justice—-oversees the administration of most 
bankruptcy cases.[Footnote 6] The program's Executive Office for U.S. 
Trustees provides a wide range of administrative, legal, financial, 
management, and information technology functions. Day-to-day 
operations are conducted by 95 field offices and 21 U.S. Trustees. The 
U.S. Trustees supervise the administration of federal bankruptcy cases 
and the approximately 1,400 private trustees who administer bankruptcy 
estates and distribute payments to creditors. 

The Department of Defense is not involved in the bankruptcy system and 
does not collect information about the rate of personal bankruptcy 
filings among military personnel. It does, however, maintain 
activation data on members of the National Guard and Reserve 
Components who are ordered to active duty. When authorized by law, the 
Department of Defense, via the secretaries of the military 
departments, places members of the National Guard and Reserve 
Components in active duty status. The Secretary of Defense also has 
the authority, by statute, to provide funds for members of the 
National Guard to perform a "homeland defense activity" under certain 
circumstances. This is a special status that is applicable only to the 
National Guard; it is not applicable to other components of the 
Reserves. It is defined by statute and, according to Department of 
Defense officials, has never been used. 

The Debt Relief Act and the Means Test Process: 

The Debt Relief Act exempts qualifying members of the National Guard 
and Reserve Components from the means test process when they file a 
petition for Chapter 7 bankruptcy relief. See figure 1. However, 
qualifying members who "pass" the means test could still face 
dismissal of their case or conversion to another chapter of bankruptcy 
for other reasons. 

Figure 1: The Means Test Process and Eligible Members of the National 
Guard and Reserve Components[Footnote 7]: 

[Refer to PDF for image: illustration] 

National Guard and Reservists Debt Relief Act of 2000: 
Exempted from the means test process. 

Service member files for a Chapter 7 bankruptcy: 

Mans test process: 

Step 1: 
Compare 1 years's historical income with the state's median income: 
Less than median: proceed with Chapter 7 bankruptcy; 
Greater than median: proceed to step 2. 

Step 2: 
Calculate disposable income based on established formula: 
Less than $7,025: proceed with Chapter 7 bankruptcy; 
Greater than $11,725: Case may be dismissed or converted to another 
chapter of bankruptcy; 
Between $7,025 and $11,725: proceed to step 3. 

Step 3: 
Calculate threshold debt payment amount: 
Equal to or less than disposable income: Case may be dismissed or 
converted to another chapter of bankruptcy; 
Greater than disposable income: proceed with Chapter 7 bankruptcy. 

Source: GAO analysis of Pub.L.No. 110-438 and bankruptcy form B 22A 
(Chapter 7 Statement of current monthly income and means-test 
calculation). 

[End of figure] 

The Debt Relief Act and Eligibility Requirements: 

Servicemembers who have served on active duty or performed a homeland 
defense activity, as defined by statute, for at least 90 days are 
eligible for the means test exemption if they file a petition for 
Chapter 7 bankruptcy relief between December 19, 2008 and December 19, 
2011. Servicemembers may also be eligible for the exemption during 
this service or the performance of this activity if they believe that 
they will complete 90 consecutive days of service, according to 
officials from the Executive Office for U.S. Trustees. Servicemembers 
who have completed the minimum 90-day period of service and are no 
longer serving have a little less than 1.5 years (540 days) after they 
have completed the minimum 90-day period of service to claim the means 
test exemption. Servicemembers who completed their service periods 
dating as far back as June 28, 2007, may be eligible for the exemption 
if they filed for bankruptcy relief on December 19, 2008. (See fig. 
2.) Servicemembers who are engaged in other military activities, such 
as response efforts related to a local natural disaster, are not 
eligible for this exemption if their service does not meet the 
definitions in the statute. 

Figure 2: Eligibility for the Means Test Exemption: 

[Refer to PDF for image: illustration] 

Eligibility period to qualify for the means test exemption: 540 days. 

June 28, 2007: 
Service members have up to 540 days after completing the minimum 90-
day period of active duty service or homeland defense activity to 
claim the means test exemption. 

Chapter 7 bankruptcy filing period: 

December 19, 2008: 
Pub. L. No. 110-438 went into effect. 

December 19, 2011: 	
Pub. L. No. 110-43 will expire. 

Source: GAO analysis of Pub. L. No. 110-438. 

[End of figure] 

[End of section] 

Objectives: 

The Debt Relief Act requires GAO to provide information on the use and 
effects of the means test as amended by the act. Our objectives 
include determining: 

1. the extent to which eligible members of the National Guard and 
Reserve Components (hereafter referred to as servicemembers) have 
claimed the exemption from the means test process for Chapter 7 
bankruptcy filings, and the characteristics of these cases; 

2. the extent to which eligible servicemembers who have claimed the 
means test exemption have attributed their debt to their active duty 
or performance of a homeland defense activity; and; 

3. the effects, if any, the Debt Relief Act has had on the bankruptcy 
system, creditors, and the debt incurrence practices of eligible 
servicemembers who have taken the exemption. 
			
Eight Percent of Eligible Servicemembers Who Filed for Bankruptcy 
Relief Under Chapter 7 Have Claimed the Means Test Exemption: 

The Debt Relief Act requires GAO to determine the number of bankruptcy 
cases in which eligible servicemembers claimed the means test 
exemption. 

Based on our analyses of bankruptcy data and activation records, we 
found that 2,122 eligible servicemembers filed a petition for Chapter 
7 bankruptcy relief during the first year the Debt Relief Act was in 
effect.[Footnote 8] Of the 2,122 eligible servicemembers who filed a 
petition for Chapter 7 bankruptcy only 8 percent, or 176 eligible 
servicemembers, [Footnote 9] claimed the means test exemption. 

* Based on our analyses, we found the percentage of servicemembers who 
filed a petition for Chapter 7 bankruptcy relief to be small relative 
to the population of eligible members of the National Guard and 
Reserve Components. 

- Of the 701,309 servicemembers, derived from activation records, who 
potentially could have filed for bankruptcy during our review period 
and claimed the means test exemption, we found that the 2,122 eligible 
servicemembers who filed a petition for Chapter 7 bankruptcy relief 
represented 0.3 percent of the total number of eligible servicemembers. 

Most but not all of the 176 servicemembers completed the Chapter 7 
bankruptcy process. (See table 1.) 

Table 1: Types of Chapter 7 Bankruptcy Cases for Servicemembers 
Claiming the Means Test Exemption: 

Type of Chapter 7 bankruptcy case status: Successful completion 
(indicates servicemembers who received a discharge); 
Number of eligible servicemembers: 168. 

Type of Chapter 7 bankruptcy case status: Dismissed cases or cases 
closed without discharge; 
Number of eligible servicemembers: 4. 

Type of Chapter 7 bankruptcy case status: Ongoing cases (as of August 
9, 2010); 
Number of eligible servicemembers: 4. 

Type of Chapter 7 bankruptcy case status: Total; 
Number of eligible servicemembers: 176. 

Source: GAO analysis of bankruptcy data and activation records. 

[End of table] 

The Debt Relief Act requires GAO to determine whether there are any 
indications of abuse or potential abuse of the exemption. 

* We were unable to identify any clear indications of abuse or 
potential abuse of the exemption. 

* Although we were unable to identify any clear indications of abuse 
or potential abuse, we found 122 bankruptcy debtors who were reported 
as having claimed the means test exemption but did not appear eligible 
to do so based on the criteria established in the Debt Relief Act. It 
is unknown why potentially ineligible bankruptcy debtors might claim 
the exemption or why use of the exemption might be reported in the 
case file when it was not actually claimed. We did not examine the 
specific circumstances with regard to use of the exemption in these 
cases because the bankruptcy case files did not provide sufficient 
information. Accordingly, we are not suggesting that this use was 
indicative of abuse.[Footnote 10] 

Thirty-Two Percent of the Aggregate Debt Reported by Servicemembers 
Could Potentially Be Discharged: 

The Debt Relief Act requires GAO to determine the aggregate amount of 
debt eligible servicemembers reported to have the aggregate amount of 
this debt discharged by the bankruptcy process, and the aggregate 
amount of the debt in Chapter 7 cases that were converted to Chapter 
13 cases. 

In our review of the bankruptcy case files of 168 eligible 
servicemembers who claimed the exemption and completed the Chapter 7 
bankruptcy process, we determined that the aggregate amount of debt 
that these servicemembers reported was approximately $43.7 million. 
The median amount of debt that these servicemembers reported was 
approximately $198,413. Table 2 shows ranges of debt these 
servicemembers reported. 

Table 2: Debt Ranges Reported by Eligible Servicemembers Claiming the 
Means Test Exemption: 

Debt in dollars: $65,000 and less; 
Number of eligible servicemembers with this range of debt: 42. 

Debt in dollars: $65,001 to $260,000; 
Number of eligible servicemembers with this range of debt: 58. 

Debt in dollars: $260,001 to $360,000; 
Number of eligible servicemembers with this range of debt: 24. 

Debt in dollars: More than $360,000; 
Number of eligible servicemembers with this range of debt: 44. 

Total: 
Number of eligible servicemembers with this range of debt: 168. 

Source: GAO analysis of bankruptcy data. 

[End of table] 

Under bankruptcy law, certain types of debts are subject to be 
discharged. Generally speaking, discharge excuses the debtor from 
personal liability for many kinds of debt, subject to various 
exceptions. We could not determine the amount of debt actually 
discharged because bankruptcy case files do not include these data and 
this information was not available from other sources. However, the 
aggregate amount of debt that servicemembers could potentially have 
discharged was approximately $13.8 million, or 32 percent, of the 
total amount of debt that they reported.[Footnote 11] The median 
amount of debt that could potentially be discharged was approximately 
$63,110. 

Table 3 shows the ranges of debt these servicemembers could 
potentially have had discharged. 

Table 3: Ranges of Debt That Potentially Could Have Been Discharged 
for Eligible Servicemembers Claiming the Means Test Exemption: 

Debt that could be discharged: $35,000 and less; 
Number of eligible servicemembers with this range of debt: 39. 

Debt that could be discharged: $35,001 - $80,000; 
Number of eligible servicemembers with this range of debt: 71. 

Debt that could be discharged: $80,001 — $100,000; 
Number of eligible servicemembers with this range of debt: 16. 

Debt that could be discharged: More than $100,000; 
Number of eligible servicemembers with this range of debt: 42. 

Total: 
Number of eligible servicemembers with this range of debt: 168. 

Source: GAO analysis of bankruptcy data. 

[End of table] 

Like bankruptcy debtors in the general population, servicemembers 
filing for bankruptcy relief under Chapter 7 often have a combination 
of dischargeable and Service member debt. See table 4 for examples of 
both types of debt. 

Table 4: Examples of Debt That Potentially Can and Cannot Be 
Discharged in Chapter 7 Bankruptcies: 

Debt that can be discharged: 
* Many types of unsecured credit card debt; 
* Debt from bills for medical and other expenses; 
* Debts remaining following foreclosure on or surrender of property 
securing debt[A]. 

Debt that cannot be discharged: 
* Most taxes; 
* Most types of student loans; 
* Most debt from domestic support obligations (e.g., alimony, 
maintenance, and child support); 
* Mortgages and other debt secured by property (e.g., liens, many car 
loans)[A]. 

Source: GAO analysis of the Bankruptcy Code. 

[A] Although a discharge protects the debtor from personal liability 
for secured debt, if the Chapter 7 debtor is delinquent the creditor 
may still foreclose on or repossess the property securing the debt. 

[End of table] 

In addition to the 168 eligible servicemembers who claimed the means 
test exemption, there was 1 additional eligible Service member who 
initially filed a petition for Chapter 7 bankruptcy relief and claimed 
the exemption, but whose case was converted to Chapter 13. The amount 
of debt the Service member reported to have in this case was 
approximately $980,000. 

Ten of the 11 Eligible Servicemembers We Interviewed Did Not Attribute 
Their Debt to Military Service: 

The Debt Relief Act requires GAO to study the extent to which eligible 
servicemembers who claimed the means test exemption when filing for 
bankruptcy relief under Chapter 7 had debts "substantially" or 
"materially" related to their military service.[Footnote 12] We were 
unable to determine the extent to which debts were substantially or 
materially related to servicemembers' military service because 
bankruptcy case files commonly do not identify the reasons individuals 
incur particular debts or declare bankruptcy and this information was
not available from other sources.[Footnote 13] 

We conducted interviews with 11 eligible servicemembers and found that 
10 of the 11 randomly selected servicemembers did not attribute their 
debts to their military service; however, the results from this sample 
are not generalizable. Generally, they cited a combination of other 
reasons for filing for bankruptcy. Some of these reasons include 
unemployment or income decline, family breakup caused by divorce or 
separation, medical expenses, and housing reasons (e.g., increased 
mortgage payments or value of house declining). The Service member who 
attributed some of his indebtedness to military service told us that 
he had to pay the costs of maintaining two households in different 
states—one for himself near his assigned military duty station and 
another for his family. 

Twelve of the private bankruptcy trustees with whom we spoke stated 
that in the cases they handled, they had not observed or did not 
recall military service having an impact on the bankruptcy debtors' 
financial condition. Three of the trustees told us that they would not 
have known some of the bankruptcy debtors were in the military if they 
had not taken the exemption. 

The Debt Relief Act also requires GAO to study whether the average 
levels of debt eligible servicemembers incurred increased before, 
during, or after their military service. We were unable to determine 
when eligible servicemembers incurred their debt in relation to their 
military service because bankruptcy case files commonly contain 
information only about debt that was outstanding at the time of the 
filing and information about when debtors incurred their debt was not 
available from other sources.[Footnote 14] 

However, 7 of the 11 servicemembers with whom we spoke told us that 
the amount of their debt had decreased or remained the same during 
their military service. The other 4 servicemembers with whom we spoke 
told us that the amount of their debt had increased during their 
military service. 

Six of the 11 servicemembers with whom we spoke voluntarily indicated 
that their income from their military service was financially 
beneficial to them. For example, 1 of these servicemembers told us 
that he might not have lost his home had his military service and 
corresponding income begun earlier than they did. 

Debt Relief Act Has Had Little Perceived Effect on the Bankruptcy 
System or on Creditors: 

The Debt Relief Act requires GAO to study the effects that use of the 
act by eligible servicemembers has had on the bankruptcy system and on 
creditors. 

Based on our analyses, we found the number of servicemembers who filed 
for bankruptcy to be a small percentage of the total number of filings 
from the general population. 

* Of the approximately 1 million Chapter 7 bankruptcy cases filed 
nationwide during the first year the Debt Relief Act was in effect, we 
found that the 2,122 eligible servicemembers who filed a petition for 
Chapter 7 bankruptcy relief represented 0.2 percent of total Chapter 7 
bankruptcy filings.[Footnote 15] 

According to interviews we held with public and private administrators 
of the bankruptcy system and officials from creditor and bankruptcy 
associations, the Debt Relief Act has had minimal effects on the 
bankruptcy system or creditor operations. 

* Although officials at the Administrative Office of the U.S. Courts 
and the Executive Office for U.S. Trustees could not provide 
implementation cost data to us, they described the procedural updates 
they made to implement the Debt Relief Act, which involved updating 
the relevant bankruptcy form to allow individuals to claim the 
exemption, training employees on how to administer the Debt Relief 
Act, and making minor changes to information technology systems. 
Officials told us that the cost of these actions was minimal. 

* Private trustees stated that the Debt Relief Act had little or no 
effect on their role in the bankruptcy system or on the resources they 
expended in cases. Additionally, representatives from the creditor 
association and from associations with legal expertise in bankruptcy 
stated that the Debt Relief Act has had little to no effect on their 
business operations or the bankruptcy system. 

Servicemembers Report That Debt Relief Act Has Had No Impact on Their 
Debt Incurrence Practices: 

The Debt Relief Act requires GAO to study the effects that use of the 
act has had on the debt incurrence practices of servicemembers. 

Interviews with 11 eligible servicemembers showed that the Debt Relief 
Act did not change servicemembers' debt incurrence practices because 
awareness of the exemption was limited. For example: 

* Five of the eligible servicemembers with whom we spoke stated that 
they only learned about the exemption from their attorneys after 
declaring bankruptcy. 

* Two of the servicemembers we interviewed told us that they learned 
of the means test exemption on their own during the bankruptcy 
proceedings. 

* Four other servicemembers told us that they were unaware of using 
the means test exemption until we contacted them. 

Bankruptcy system and military association representatives also stated 
that it is unlikely that the Debt Relief Act has had any effect on the 
debt incurrence practices of servicemembers. 

* Representatives from associations with legal expertise in bankruptcy 
told us that in their experience, individuals who file for bankruptcy 
relief are typically unaware of their rights. In their view, it was 
unlikely that servicemembers using the means test exemption in a 
Chapter 7 bankruptcy filing would understand it well enough to be 
influenced by it. 

* Representatives from military associations told us that they did not 
believe servicemembers were aware of the Debt Relief Act. 

[End of section] 

Appendix I: The National Guard and Reservists Debt Relief Act of 2008: 

Section 3 of the National Guard and Reservists Debt Relief Act of 2008 
(Debt Relief Act) requires GAO to complete a study on the use and the 
effects of the law, as amended by the act.[Footnote 16] Specifically, 
we are required to provide information on the following: 

* Whether and to what degree servicemembers availed themselves of the 
benefits of the law. 

* Whether and to what degree such members are debtors in cases that 
are substantially or materially related to service that qualifies such 
members for the benefits of the law. 

- A case shall be considered substantially related to the service of a 
Service member if more than 33 percent of the aggregate amount of 
his/her debt is incurred as a direct or indirect result of such 
service. 

- A case shall be considered materially related to the service of a 
Service member if more than 10 percent of the aggregate amount of 
his/her debt is incurred as a direct or indirect result of such 
service. 

The effects that the use of the law, as amended by the act, has on the 
bankruptcy system, creditors, and the debt incurrence practices of 
such members. As defined in the act, effects include: 

* the number of cases in which servicemembers use the benefits of the 
act; 

* the aggregate amount of debt in these cases; 

* the aggregate amount of debt discharged in these cases; 

* the aggregate amount of debt in cases as of the time they are 
converted to Chapter 13; 

* the amount of resources expended by the bankruptcy courts and 
bankruptcy trustees in these cases; 

* whether and to what extent there is any indication of abuse or 
potential abuse of the exemption; 

* any increase in the average levels of debt incurred by 
servicemembers before, during, or after their military service; 

* any indication of changes in the debt incurrence practices adopted 
by servicemembers in anticipation of benefiting from the exemption; and 

* any indication of abuse or potential abuse of the exemption, 
reflected in the debt incurrence of servicemembers. 

[End of section] 
			
Appendix II: Scope and Methodology: 

Our review focused on members of the National Guard and Reserve 
Components—Army National Guard, Army Reserve, Navy Reserve, Marine 
Corps Reserve, Air National Guard, Air Force Reserve, and Coast Guard 
Reserve—who filed a petition for Chapter 7 bankruptcy between December 
19, 2008 and December 18, 2009 (i.e., the first year the Debt Relief 
Act was in effect). 

(1) To determine the extent to which eligible servicemembers[Footnote 
17] have claimed the exemption from the means test process when filing 
for a Chapter 7 bankruptcy and to determine the characteristics of 
these cases, we did the following: 

* Obtained data from (1) the Administrative Office of the U.S. Courts 
for all Chapter 7 bankruptcy filings between December 19, 2008 and 
December 18, 2009; (2) the Administrative Office of the U.S. Courts 
and the Executive Office for U.S. Trustees for all Chapter 7 
bankruptcy cases during the same time frame in which the means test 
exemption was claimed from both; and (3) the Department of Defense's 
Defense Manpower Data Center for all servicemembers who were activated 
between June 28, 2007 and December 18, 2009. 

* Interviewed officials from and analyzed responses regarding the 
accuracy and completeness of the data provided by the Administrative 
Office of the U.S. Courts, the Executive Office for U.S. Trustees, and 
the Department of Defense to determine the reliability of the data. In 
addition we performed electronic testing of the data elements, 
checking for invalid and missing values. We found some invalid Social 
Security numbers and inconsistent names in both the bankruptcy and 
Service member data. These problems were statistically insignificant 
but could result in an undercount of (1) the number of servicemembers 
who filed petitions for bankruptcy relief and (2) the number of 
eligible servicemembers who claimed the exemption. We determined that 
these data were sufficiently reliable for the purposes of reporting on 
the Debt Relief Act's requirements. 

* Matched records of all Chapter 7 bankruptcies against the activation 
data from Defense Manpower Data Center by using unique identifiers 
(e.g., name and Social Security number) for each bankruptcy debtor to 
ascertain how many eligible servicemembers declared Chapter 7 
bankruptcy. 

* Compared these eligible servicemembers against the record of Chapter 
7 bankruptcies in which the exemption was claimed to determine how 
many eligible servicemembers, as well as non-eligible bankruptcy 
debtors, who claimed the exemption. 

* For those eligible servicemembers who claimed the exemption, we 
reviewed the relevant bankruptcy court documents available in the 
Public Access to Court Electronic Records system to provide an 
approximate aggregate amount of debt these debtors reported and an 
estimate of how much of-this debt was potentially subject to 
discharge. In addition, we reviewed the court information for those 
eligible servicemembers who had filed a petition for Chapter 7 
bankruptcy and claimed the exemption but were later converted to 
Chapter 13, in order to determine how much debt they owed. 

- To provide a comprehensive estimate of how much debt was owed, we 
aggregated the total liabilities amount listed in the Summary of 
Schedules in the Voluntary Petition of each Chapter 7 bankruptcy case 
file (including those cases that were later converted to Chapter 13). 

- To provide an estimate of how much of this debt was potentially 
subject to discharge, we aggregated the total Schedule F (Creditors 
Holding Unsecured Nonpriority Claims) amount included in the Voluntary 
Petition of each Chapter 7 bankruptcy case file. 

- We decided to use the documents and types of debt referenced above 
on the expert advice of officials from the Executive Office for U.S. 
Trustees. 

- The data that we used to estimate the debt amounts have the 
following limitations: (1) the debt amounts contained in court 
documents are self-reported by the bankruptcy debtor and have not been 
independently verified; (2) the debt amounts shown on the forms may 
not have been the final amounts, since some further actions by the 
parties could have affected the amounts in the cases; and (3) the 
amount of debt that could be discharged may not be final, since the 
amounts actually discharged are not verified-after cases are closed 
and further actions could affect whether specific debts are considered 
dischargeable.[Footnote 18] 

(2) To determine the extent to which eligible servicemembers who 
claimed the means test exemption attributed their debt to their 
military service, we did the following: 

* Randomly selected 28 servicemembers, from the 176 eligible current 
and former servicemembers who claimed the exemption, for follow-up 
interviews. For these 28
individuals, we attempted to obtain recent phone numbers as well as 
recent addresses and e-mail addresses from the public records 
available through Lexis Nexis, an online information service, and 
personnel data available through the Defense Manpower Data Center. 
These 28 servicemembers reside in 17 states. 

* Sent an advance letter to these servicemembers notifying them that 
we would be contacting them and requesting that they participate in a 
semistructured telephone interview. Afterward, we followed up with 
them via phone calls and e-mails (when available). We called each 
Service member at various times, including during the mornings, 
afternoons, and evenings on both weekdays and weekends, for a maximum 
of 8 attempts, to ensure that those who wanted to participate had the 
opportunity to do so. We left voicemail messages when possible. 

* Obtained contact information for the 28 servicemembers; however, 
only 11 of these 28 servicemembers voluntarily agreed to be 
interviewed. 

- Reasons why we were not able to interview all 28 servicemembers 
included the absence of up-to-date contact information, overseas 
deployment, failure to respond to our phone and e-mail messages, or 
refusal to participate in the interview process. 

- GAO has no general authority to compel these individuals to be 
interviewed; therefore GAO's interactions with these servicemembers to 
collect information occurred on only a voluntary basis. 

- The group of 11 individuals we interviewed included eight members of 
the Army National Guard, two members of the Army Reserve, and one 
member of the Navy Reserve. 

* Administered a semistructured telephone interview that consisted of 
a series of structured closed and open-ended questions to all 11 
eligible servicemembers who agreed to participate. After conducting 
the interviews, we reviewed the responses and summarized the key 
results. The views of this small group are not generalizable, and we 
could not independently verify the information they provided. 

* Supplemented these interviews by reviewing bankruptcy data where the 
means test exemption was claimed and sorted these bankruptcy cases 
according to the private trustee who administered them. We 
judgmentally selected 12 private trustees who had administered at 
least two cases and conducted semistructured telephone interviews with 
them. 

We were unable to determine the extent to which eligible 
servicemembers who claimed the means test exemption when filing for 
Chapter 7 bankruptcy had debts "substantially" or "materially" related 
to their military service, as required by the Debt Relief Act, because 
bankruptcy case files do not identify the reasons individuals incur 
particular debts or declare bankruptcy and this information was not 
available from other sources.[Footnote 19] 

(3) To determine the effect, if any, the Debt Relief Act has had on 
the bankruptcy system, creditors, and the debt incurrence practices of 
exempted servicemembers, we did the following: 

* Interviewed officials and representatives at the Administrative 
Offices of the U.S. Courts and the Executive Office for U.S. Trustees, 
a creditor association, and associations with expertise in either 
bankruptcy or the financial conditions of military personnel. We also 
interviewed 12 private bankruptcy trustees and 11 eligible 
servicemembers who had claimed the means test exemption. 

* To identify the creditor association and associations with expertise 
in either bankruptcy or the financial conditions of military 
personnel, we reviewed congressional testimony related to the Debt 
Relief Act to identify expert witnesses who had testified, and we 
asked agency officials for recommendations. Also, we conducted 
Internet and database searches to identify creditor and other 
associations knowledgeable about either Chapter 7 bankruptcy or 
military personnel's financial issues. 

* Reviewed the interview responses and summarized the key results; 
however, we could not independently verify the information we obtained 
during any of these interviews. 

We visited or contacted the following departments and organizations 
during our review. 

* Department of Defense: 
- Office of the Secretary of Defense; 
- Office of Reserve Affairs; 
- Office of General Counsel; 
- Office of Legal Policy; 
- Office of Personal Finance; 
- Office for Military Community and Family Policy; 
- Defense Manpower Data Center. 

* Department of Justice: 
- Executive Office for U.S. Trustees; 
- Administrative Office of the U.S. Courts; 
- National Guard Association of the United States; 
- Enlisted Association of the National Guard of the United States; 
- Reserve Officer Association; 
- National Consumer Law Center; 
- National Association of Consumer Bankruptcy Attorneys; 
- American Financial Services Association. 

We conducted this performance audit from July 2009 through September 
2010 in accordance with generally accepted government auditing 
standards. Those standards require that we plan and perform the audit 
to obtain sufficient, appropriate evidence to provide a reasonable 
basis for our findings and conclusions based on our audit objectives. 
We believe that the evidence obtained provides a reasonable basis for 
our findings and conclusions based on our audit objectives. 

[End of Briefing Slides] 

Footnotes: 

[1] Pub. L. No. 110-438 (2008). The act went into effect on December 
19, 2008, and will expire on December 19, 2011. 

[2] The act defines active duty by reference to 10 U.S.C. § 101(d)(1) 
and homeland defense activity by reference to 32 U.S.C. § 901(1). 
Section 901(1) defines "homeland defense activity" as an activity 
undertaken for the military protection of the territory, domestic 
population of the United States, or infrastructure or other assets of 
the United States determined by the Secretary of Defense as being 
critical to national security from a threat or aggression against the 
United States. This statute applies to members of the National Guard. 

[3] Generally, statutes pertaining to bankruptcy are found in Title 11 
of the U.S. Code. 

[4] Although a discharge protects the debtor from personal liability 
for secured debt, if the Chapter 7 debtor is delinquent the creditor 
may still foreclose on or repossess the property securing the debt. In 
a Chapter 7 case, any eligible nonexempt assets are gathered, reduced 
to cash, and distributed to creditors in accordance with distribution 
priorities and procedures found in the Bankruptcy Code. 

[5] The means test was added by the Bankruptcy Abuse Prevention and 
Consumer Protection Act of 2005, Pub. L. No. 109-8, § 102 (2005), 
codified at 11 U.S.C. § 707(b). The means test applies to individual 
debtors whose debts are primarily consumer debts. See § 707(b)(1). 
Even if a debtor does not "pass" the means test, he or she may be able 
to avoid dismissal or conversion by demonstrating special 
circumstances. See § 707(b)(2)(B). Debtors who "pass" the means test 
could still face dismissal or conversion for other reasons. 

[6] Bankruptcy cases in Alabama and North Carolina are not under the 
jurisdiction of the U.S. Trustee Program; instead, bankruptcy 
administrators within the judicial branch administer the cases in the 
judicial districts in those states. 

[7] One year's historical income is calculated according to a 
statutory formula. See 11 U.S.C. §§ 707(b)(7) and 101(10A). The dollar 
amounts for comparison to disposable income are periodically adjusted. 
See 11 U.S.C. § 104(a). Finally, an individual who "fails" the means 
test may be able to proceed in Chapter 7 under certain circumstances. 
See 11 U.S.C. § 707(b)(2)(B) (special circumstances) and § 704(b)(2) 
(U.S. Trustee declines to bring a motion to dismiss). 

[8] We use the term "eligible Service member" to refer to members of 
the National Guard or Reserve Components identified in data provided 
by the Department of Defense as having served on active duty for a 
period of at least 90 days or beginning and not completing such 
service during the period of our study. 

[9] Members who did not claim the exemption added by the Debt Relief 
Act may nevertheless have been covered by a different exemption. These 
176 eligible servicemembers filed 173 bankruptcy cases. In 3 cases, 
the joint filers were both eligible servicemembers. 

[10] There are procedures in place in the course of a bankruptcy 
proceeding to verify information reported by the debtor. 

[11] Because bankruptcy case files do not indicate how much debt is 
actually discharged, we used a type of debt listed in the bankruptcy 
case file (unsecured nonpriority claims), which was identified by 
officials from the Executive Office for U.S. Trustees to typically 
represent the amount of debt potentially subject to being discharged. 
Unsecured nonpriority claims are listed in Schedule F of a Chapter 7 
bankruptcy case file. Examples from the case files we reviewed 
included unsecured credit card debt and medical bills. 

[12] According to Pub. L. No. 110-438, a case shall be considered 
"substantially" related to qualifying military service if more than 33 
percent of the aggregate amount of an eligible servicemember's debt is 
incurred as a direct or indirect result of such military service. A 
case shall be considered "materially" related to military service if 
more than 10 percent of the aggregate amount of the eligible 
servicemember's debt is incurred as a direct or indirect result of 
such service. 

[13] While Bankruptcy Schedules E and F ask for the consideration for 
each claim (i.e., each debt), debtors may not include some or all of 
this information on the Schedules. Moreover, the information listed 
may not sufficiently convey the circumstances surrounding the claim. 

[14] While Bankruptcy Schedules D, E, and F ask for the date each 
claim (i.e., debt) was incurred, debtors may not include some or all 
of this information on the Schedules. Additionally, the forms may not 
reflect debt incurred but paid off prior to filing. 

[15] These 1 million Chapter 7 bankruptcy cases include business 
entities and individual debtors. 

[16] Pub. L. No. 110-438, § 3(a) (2008). The provision of law referred 
to in the act is 11 U.S.C. § 707(b)(2)(D) amended (and as amended) by 
the act. 

[17] We use the term "eligible servicemembers" to describe individuals 
whom the Department of Defense identified as members of the National 
Guard or Reserve Components and classified as having served on active 
duty for a period of at least 90 days (recently enough that they could 
have filed for bankruptcy during the period the Debt Relief Act was in 
effect) or still serving on active duty for any period of time as of 
December 18, 2009. Department of Defense officials informed us that 
the homeland defense activity classification had never been used. 

[18] For example, the debt listed in Schedule F may not include 
unsecured debt that is listed elsewhere in the bankruptcy petition, 
such as the unsecured portion of secured debt. Certain forms of debt 
are exempt from discharge, see 11 U.S.C. § 523(a), and other debt may 
remain undischarged as a result of a reaffirmation agreement between 
debtor and creditor under 11 U.S.C. § 524. The amount of debt 
considered discharged might also change as a result of the 
distribution of any assets. Because of the difficulty of determining 
whether or not specific claims were dischargeable, and since some of 
these actions could occur outside the record or after the bankruptcy 
proceeding has concluded, we used the claims listed in Schedule F as a 
proxy for the amount of debt potentially subject to discharge at the 
conclusion of the case. 

[19] While Bankruptcy Schedules E and F ask for the consideration for 
each claim (i.e., each debt), debtors may not include some or all of 
this information on the Schedules. Moreover, the information listed 
may not sufficiently convey the circumstances surrounding the claim. 

[End of section] 

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