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Consumer Bankruptcy Law and Practice: 2015 Advisory Committee Note on Form 427

Official Form 427, Cover Sheet for Reaffirmation Agreement, is revised and renumbered as part of the Forms Modernization Project. The form replaces former Official Form 27, Reaffirmation Agreement Cover Sheet. To make it easier to understand, the form is reformatted, and legal terms are explained more fully or replaced with commonly understood terms.

Consumer Bankruptcy Law and Practice: Bibliography

Benjamin C. Ackerly, Tenants by the Entirety Property and the Bankruptcy Reform Act, 21 Wm. & Mary L. Rev. 701 (1980).

Alan M. Ahart, Whether to Grant a Hardship Discharge in Chapter 13, 87 Am. Bankr. L.J. 559 (2013).

Alan M. Ahart, The Liability of Property Exempted in Bankruptcy for Pre-Petition Domestic Support Obligations After BAPCPA: Debtors Beware, 81 Am. Bankr. L.J. 233 (2007).

Alan M. Ahart, The Inefficacy of the New Eviction Exceptions to the Automatic Stay, 80 Am. Bankr. L.J. 125 (2006).

Consumer Bankruptcy Law and Practice: Official Form 108 Instructions

Statement of Intention for Individuals Filing Under Chapter 7 (Official Form 108)

If you are filing under chapter 11, 12, or 13, do not fill out this form.

If you are an individual filing under chapter 7, you must fill out the Statement of Intention for Individuals Filing Under Chapter 7 (Official Form 108) if:

Consumer Bankruptcy Law and Practice: 2015 Advisory Committee Note on Form 108

Official Form 108, Statement of Intention for Individuals Filing Under Chapter 7, is revised in its entirety as part of the Forms Modernization Project, making it easier to read and, as a result, likely to generate more complete and accurate responses. In addition, the form is renumbered, and stylistic changes are made throughout the form.

Consumer Bankruptcy Law and Practice: 2008 Advisory Committee Note on Form 8

The form is amended to conform to § 362(h), which was added to the Code, and § 521(a)(2), which was amended, by the Bankruptcy Abuse Prevention and Consumer Protection Act of 2005, Pub. L. No. 109-8, 119 Stat. 23 (April 20, 2005), by expanding the questions directed to the debtor regarding leased personal property and property subject to security interests. The form is also amended and reformatted to require the debtor to complete a series of statements describing the property and setting out what actions the debtor intends to take for each listed asset.

Consumer Bankruptcy Law and Practice: 2005 Advisory Committee Note on Form 8

The form is amended to conform to section 521(a)(6), which was added to the Code by the Bankruptcy Abuse Prevention and Consumer Protection Act of 2005, Pub. L. No. 109-8, 119 Stat. 23 (April 20, 2005), by adding a section covering personal property subject to an unexpired lease and an option labeled “lease will be assumed pursuant to 11 U.S.C. § 362(h)(1)(A)” to the choices a debtor may make. The certification by a non-attorney bankruptcy petition preparer in the form is renamed a “declaration” and is amended to include material mandated by the 2005 amendments to § 110 of the Code.

Consumer Bankruptcy Law and Practice: About the Form

In order to provide information about the presumption of abuse in chapter 7 and the debtor’s disposable income in chapter 13, the debtor must file the appropriate versions of Official Form 122. Fed. R. Bankr. P. 1007(b)(4).

Form 122A (formerly Form 22A) is now split into three forms:

Consumer Bankruptcy Law and Practice: Annotations to Completed Sample Form 122A-1

1. In order to provide information about the presumption of abuse in chapter 7 and the debtor’s disposable income in chapter 13, the debtor must file the appropriate versions of Official Form 122. Fed. R. Bankr. P. 1007(b)(4). Official Forms 122A-1 and 122A-2 are used in chapter 7 cases and Official Forms 122C-1 and 122C-2 are used in chapter 13 cases. Debtors who do not have primarily consumer debts or who otherwise contend that they are exempt from means testing should prepare the separate supplement, Official Form 122A-1Supp, and file it with Official Form 122A-1.

Consumer Bankruptcy Law and Practice: Official Form 122A Instructions

Note that this form was updated in April of 2020. The instructions below pertain to the prior version of this form.

Chapter 7 Statement of Your Current Monthly Income and Means Test Calculation (Official Forms 122A–1,122A-1Supp, and 122A–2)

If you are filing under chapter 11, 12, or 13, do not fill out this form.

Consumer Bankruptcy Law and Practice: 2020-04 Advisory Committee Note on Form 122

Official Forms 122A-1, 122B, and 122C-1 are 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 modifies the definition of “current monthly income” in §101(10A) and the definition of “disposable income” in §1325(b)(2) to exclude “payments made under the Federal law relating to the national emergency declared by the President under the National Emergencies Act (50 U.S.C.

Consumer Bankruptcy Law and Practice: 2015 Advisory Committee Note on Form 119

Official Form 119, Bankruptcy Petition Preparer’s Notice, Declaration, and Signature, applies only in cases of individual debtors. 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. In addition, the form is renumbered, and stylistic changes are made throughout the form.

Consumer Bankruptcy Law and Practice: 2005–2007 Advisory Committee Note on Form 19

This form is new. It is derived from form 19B and replaces forms 19A and 19B (which forms are abrogated). The form contains the notice a bankruptcy petition preparer is required to give to a debtor under § 110 of the Code as amended by the Bankruptcy Abuse Prevention and Consumer Protection Act of 2005, Pub. L. No. 109-8, 119 Stat. 23 (April 20, 2005), and the bankruptcy petition preparer’s signed declaration (also required by § 110 of the Code) that the notice was given to the debtor.