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Consumer Bankruptcy Law and Practice: 2022 Advisory Committee Note on Form 101

Form 101 is amended to eliminate language in former Part 1, Question 4, which asked for “any business names . . . you have used in the last 8 years.” Instead, Part 1, Question 2, is modified to add to the direction with respect to “other names you have used in the last 8 years” – which currently directs the debtor to “Include your married and maiden names” – to ask the debtor to include “any assumed, trade names, or doing business as names,” and to direct that the debtor should not include the names of separate legal entities that are not filing the petition.

Consumer Bankruptcy Law and Practice: 2022 Advisory Committee Note on Form 101

Form 101 is amended to eliminate language in former Part 1, Question 4, which asked for “any business names . . . you have used in the last 8 years.” Instead, Part 1, Question 2, is modified to add to the direction with respect to “other names you have used in the last 8 years” – which currently directs the debtor to “Include your married and maiden names” – to ask the debtor to include “any assumed, trade names, or doing business as names,” and to direct that the debtor should not include the names of separate legal entities that are not filing the petition.

Consumer Bankruptcy Law and Practice: 2015 Advisory Committee Note on Form 101

Official Form 101, Voluntary Petition for Individuals Filing for Bankruptcy, applies only in cases of individual debtors. Form 101 replaces Official Form 1, Voluntary Petition. It is renumbered to distinguish it from the forms used by non-individual debtors, such as corporations, and includes stylistic changes throughout the form. It is revised as part of the Forms Modernization Project, making it easier to read and, as a result, likely to generate more complete and accurate responses.

Consumer Bankruptcy Law and Practice: Annotations to Completed Sample Form 101

1. Part 1 of the petition requests the debtor’s full name and all other names used by the debtor within eight years before filing the petition, such as married names and maiden names. The name listed on line 1 in Part 1 should be the same name that is listed on the debtor’s government-issued picture identification (such as a driver’s license or passport) that the debtor will bring to the meeting of creditors. Particular attention should be paid to listing all names under which the debtor has incurred the debts that are listed in the petition.

Consumer Bankruptcy Law and Practice: Annotations to Completed Sample Form 101

1. Part 1 of the petition requests the debtors’ full name and all other names used by them within eight years before filing the petition, such as married names and maiden names. The names listed on line 1 in Part 1 should be the same names that are listed on the debtors’ government-issued picture identification (such as a driver’s license or passport) that the debtors will bring to the meeting of creditors. Particular attention should be paid to listing all names under which the debtors have incurred the debts that are listed in the petition.

Consumer Bankruptcy Law and Practice: Official Form 101 Instructions

The “Instructions, Bankruptcy Forms for Individuals” (Dec. 2015, rev. Oct. 2019) published by the U.S. Bankruptcy Court do not contain separate instructions for Official Form 101. The Instructions booklet describes the form as follows: “This form opens the case. Directions for filling it out are included in the form itself.”

Consumer Bankruptcy Law and Practice: 2020-04 Advisory Committee Note on Form 101

The form is amended in response to the enactment of the Coronavirus Aid, Relief, and Economic Security Act (the “CARES Act”), Pub. L. No. 116-136, 134 Stat. 281. That law provides a new definition of “debtor” for determining eligibility to proceed under subchapter V of chapter 11. Line 13 of the form is amended to reflect that change. This amendment to the Code will terminate one year after the date of enactment of the CARES Act.

Consumer Bankruptcy Law and Practice: 2020-02 Advisory Committee Note on Form 101

Line 13 is amended in response to the enactment of the Small Business Reorganization Act of 2019, Pub. L. No. 116-54, 133 Stat. 1079. That law gives a small business debtor the option of electing to be a debtor under subchapter V of chapter 11. Line 13 is amended to add a check box for a small business debtor to indicate that it is making that choice, and the existing check box for small business debtors is amended to allow the debtor to indicate that it is not electing to proceed under subchapter V.

Consumer Bankruptcy Law and Practice: 2017 Advisory Committee Note on Form 101

Part 2, line 11, is amended to accurately reflect the requirements of § 362(l) of the Bankruptcy Code. All debtors against whom an eviction judgment has been entered with respect to their residence must fill out Official Form 101A (Initial Statement About an Eviction Judgment Against You), whether or not they desire to remain in their residence. Form 101A is deemed to be part of the petition.

Consumer Bankruptcy Law and Practice: 2023 Advisory Committee Note on Form 417A

Parts 2 and 3 of the form are amended to conform to wording in the simultaneously amended Rule 8003. The new wording is intended to remind appellants that appeals as of right from orders and decrees are limited to those that are “appealable”―that is, either deemed final or issued under § 1121(d). See 28 U.S.C. § 158(a)(2). It also seeks to avoid the misconception that it is necessary or appropriate to identify each and every order of the bankruptcy court that the appellant may wish to challenge on appeal.