Consumer Bankruptcy Law and Practice: About the Form
For a general discussion of this form, see the section for this form at Appendix D.2, supra.
For a general discussion of this form, see the section for this form at Appendix D.2, supra.
1. All Social Security numbers that the debtors have used must be listed. Although it is unusual for more than one Social Security number to be listed for a debtor, different numbers may have been obtained from the Social Security Administration, for example, if the debtor has been the victim of identity theft or domestic violence.
1. All Social Security numbers that the debtor has used must be listed. For example, different numbers may have been obtained from the Social Security Administration if the debtor has been the victim of identity theft or domestic violence.
The “Instructions, Bankruptcy Forms for Individuals” (Dec. 2015, rev. Oct. 2019) published by the U.S. Bankruptcy Court does not contain separate instructions for Official Form 101. The Instructions booklet describes the form as follows: “This form gives the court your full Social Security number or federal Individual Taxpayer Identification number. To protect your privacy, the court will make only the last four digits of your number known to the general public. However, the court will make your full number available to your creditors, the U.S.
Official Form 121, Statement About Your Social Security Numbers, is revised as part of the Forms Modernization Project. The form, which applies only in cases of individual debtors, replaces former Official Form 21, Statement of Social Security Number(s). It is renumbered to distinguish it from the forms used by non-individual debtors, such as corporations and partnerships.
The form is amended to remind debtors that, in accordance with Rule 1007(f), it should be submitted to the court, but not filed on the public docket. This rule protects an individual debtor’s social-security number or taxpayer-identification number from becoming accessible to the public.
The form is amended to direct an individual debtor who does not have a social-security number but has another government-issued individual taxpayer-identification number to furnish that number to the court. In light of the new Rule 9037 which limits public disclosure to all but the last four digits of any individual taxpayer-identification number, the amendment to this form will ensure that the court and creditors can properly identify a debtor who does not have a social security number.
The form implements Rule 1007(f), which requires a debtor to submit a statement under penalty of perjury setting out the debtor’s Social Security number. The form is necessary because Rule 1005 provides that the caption of the petition includes only the final four digits of the debtor’s Social Security number. The statement provides the information necessary for the clerk to include the debtor’s full Social Security number on the notice of the meeting of creditors, as required under Rule 2002(a)(1).
Official Form 103B (formerly Form 3B) is an application to waive the chapter 7 filing fee. The chapter 7 filing fee may be waived for debtors whose income is less than 150% of the federal poverty guidelines based upon family size, and who do not have an ability to pay the filing fee in installments based on the totality of the circumstances. See 28 U.S.C.
1. All dependents the debtor has listed or intends to list on Schedule J should be counted here in listing the debtor’s family size. A non-filing spouse is counted under family size, and their income must be included in the average monthly income calculation, unless the spouses are separated.
Application to Have the Chapter 7 Filing Fee Waived (Official Form 103B)
The fee for filing a bankruptcy case under chapter 7 is $338. If you cannot afford to pay the entire fee now in full or in installments within 120 days, use this form. If you can afford to pay your filing fee in installments, see Application for Individuals to Pay the Filing Fee in Installments (Official Form 103A).
The exception has had several different wordings and, as amended in 1990,528 covers an “educational benefit, overpayment or loan”529 that is “made, insured, or guaranteed by a governmental unit, or made under any program funded in whole or in part by a governmental unit or a nonprofit institution.”530 This language covers most, if not all, student loans made or insured by nonprofit institutions or governmental units.
The exception also applies to “an obligation to repay funds received as an educational benefit, scholarship, or stipend.”535 This language in subpart (A)(ii) is applicable to certain educational benefit grants involving funds received by the debtor or advanced on the debtor’s behalf.536 However, subpart (A)(ii) is not a “catch-all” provision designed to include every type of transaction that creates an educational benefit for a debtor.537 Important
The exception was broadened in 2005 to also include, in subpart (B), any other education loans from for-profit lenders if they are qualified education loans as defined in section 221(d)(1) of the Internal Revenue Code.541 The term “qualified education loan” is defined in section 221(d)(1) of the Internal Revenue Code to mean any indebtedness incurred by the taxpayer solely to pay qualified higher education expenses.542 Debtors who have incurred debt for education and other purposes may
Schedule G is the debtor’s statement of executory contracts and unexpired leases. For a general discussion of Schedule G, see § 7.3.7.4, supra.
Schedule H is a list of codebtors, other than a spouse in a joint case, who are obligated on any of the debtor’s debts. For a general discussion of Schedule H, see § 7.3.7.5, supra. The completed schedule contains a note referring to the following annotations:
Schedule I is the debtor’s current income statement. For a general discussion of Schedule I, see § 7.3.7.6, supra. The average monthly income provided on this form will often differ from the current monthly income used in preparing Form 122A-1, 122B, or 122C-1. The completed schedule contains notes referring to the following annotations:
Schedule J is the debtor’s statement of expenses. For a general discussion of Schedule J, see § 7.3.7.6, supra. The completed schedule contains notes referring to the following annotations:
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 113.
Official Form 113 is new and is the required plan form in all chapter 13 cases, except to the extent that Rule 3015(c) permits the use of a Local Form. Except as permitted by Rule 9009, alterations to the Official Form are not permitted. As the form explains, spaces for responses may be expanded or collapsed as appropriate, and sections that are inapplicable do not need to be reproduced.
In a chapter 13 case, an individual debtor must file Form 122C-1, Chapter 13 Statement of Your Current Monthly Income and Calculation of Commitment Period (formerly Form 22C-1), that will indicate whether the debtor’s income is above the state median income. If the income is above median, then the debtor must also file Form 122C-2, Chapter 13 Calculation of Your Disposable Income (former Form 22C-2).