Consumer Bankruptcy Law and Practice: 2010 Advisory Committee Note on Form 23
The statement of the deadline for filing the form in a chapter 7 case is amended to conform to amended Rule 1007(c).7
The statement of the deadline for filing the form in a chapter 7 case is amended to conform to amended Rule 1007(c).7
The form was issued in 2005. Sections 727(a)(11), 1141(d)(3) and 1328(g)(1), which were 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), require individual debtors to complete an instructional course concerning personal financial management as a condition for receiving a discharge. The completed form will signal the clerk that this condition has been satisfied.
Official Form 424, Certification to Court of Appeal by All Parties replaces Official Form 24, Certification to Court of Appeal by All Parties. It is revised as part of the Forms Modernization Project, and includes stylistic changes throughout the form.
This form was issued in 2005. Rule 8001 requires that any certification of an appeal, bankruptcy court judgment, order, or decree directly to the United States Court of Appeals by all the appellants and appellees (if any) acting jointly be filed on this form.
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.
Lines 7A and 8A of the form are updated to revise references to new line numbers on Schedules I and J for Total Monthly Income and Total Monthly Expenses.
This form is new. It requires the disclosure of financial information necessary for the court to make its determination under § 524(m) of the Code as to whether the reaffirmation agreement creates a presumption of undue hardship.
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).
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:
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.
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.
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.
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:
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.
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.
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.
The instruction on line 14a is amended to remind a debtor for whom there is no presumption of abuse that Official Form 122A-2 (Chapter 7 Means Test Calculation) should not be filled out or filed.
Official Form 106, Schedule J-2 is a new schedule that applies where one of two co-debtors has a separate household. This schedule was not included in the completed and annotated forms found in Appendix D.2, supra.
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.
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.