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Consumer Bankruptcy Law and Practice: About the Forms
The Advisory Committee note accompanying the 1997 adoption of these forms states: “These notices will be sent by the movant unless local rules provide for some other entity to give notice. . . . [T]he signature line will be adapted to identify the actual sender of the notice in each circumstance. All adaptations of the form should carry out the intent to give notice of applicable procedures in easily understood language.”
Consumer Bankruptcy Law and Practice: Old Official Form 20B Instructions
NOTICE OF OBJECTION TO CLAIM
Consumer Bankruptcy Law and Practice: 2016 Advisory Committee Note on Forms 420A, 420B
The form numbers are updated to comport with the form numbering style developed as part of the Forms Modernization project. The forms are also amended to change the phrase “mail” to “send” to reflect the fact that there are various methods of providing documents to other parties.
Consumer Bankruptcy Law and Practice: 2011 Advisory Committee Note on Forms 20A, 20B
The forms are amended to require that the title of the case include all names used by the debtor within the last eight years. This change conforms to the 2005 amendment of § 727(a)(8), which extended from six years to eight years the period during which a debtor is barred from receiving successive discharges. In conformity with Rule 9037, the filer is directed to provide only the last four digits of any individual debtor’s taxpayer-identification number.
Consumer Bankruptcy Law and Practice: 2015 Advisory Committee Note on Form 107
Official Form 107, Statement of Financial Affairs for Individuals Filing for Bankruptcy, which applies only in cases of individual debtors, 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. The goals of the Forms Modernization Project include improving the interface between technology and the forms so as to increase efficiency and reduce the need to produce the same information in multiple formats.
Consumer Bankruptcy Law and Practice: 2012 Advisory Committee Note on Form 7
The definition of “insider” is amended to conform to the statutory definition of the term. See 11 U.S.C. § 101(31). Under the Code definition, ownership of 5% or more of the voting shares of a corporate debtor does not automatically make the owner an insider of the corporation. And in order to be an affiliate of the debtor and an insider on that basis, ownership or control of at least 20% of the outstanding voting securities of the debtor is required. 11 U.S.C. § 101(2). The phrase “any owner of 5% or more of the voting or equity securities” is therefore deleted.
Consumer Bankruptcy Law and Practice: 2005–2007 Advisory Committee Note on Form 7
The form is amended in several ways to reflect changes in the Bankruptcy Code made by the Bankruptcy Abuse Prevention and Consumer Protection Act of 2005, Pub. L. No. 109-8, 119 Stat. 23 (April 20, 2005). A new sentence in the introduction advises the debtor not to disclose the name and address of any minor child in conformity with § 112, which was added to the Code by the 2005 Act.
Consumer Bankruptcy Law and Practice: About the Form
This is another document required in chapter 7 cases (but not in chapter 13 cases). 11 U.S.C. § 521(a)(2)(A). It states the intentions of the debtor, as of the date of its filing, with regard to any property, real or personal, that serves as collateral for a debt. This form also requires the debtor to state the debtor’s intentions with respect to leases of personal property.
Consumer Bankruptcy Law and Practice: Annotations to Completed Sample Form 108
1. Another required document in chapter 7 cases (but not in chapter 13 cases) is the Statement of Intention (Official Form 108). 11 U.S.C. § 521(a)(2)(A); Fed. R. Bankr. P. 1007(b)(2). This document must state certain intentions of the debtor, as of the date of its filing, with regard to any property, real or personal, that serves as collateral for a debt. In addition this form requires the debtor to state the debtor’s intentions with respect to leases of personal property.
Consumer Bankruptcy Law and Practice: Official Form 122C-1
1. In order to provide information about the presumption of abuse in chapter 7 and the debtor’s disposable income and applicable commitment period 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.
Consumer Bankruptcy Law and Practice: Official Form 122C-2
1. Debtors whose incomes are above the applicable state medians must fill out Form 122A-2 in a chapter 7 case or Form 122C-2 in a chapter 13 case. Although Forms 122A-2 and 122C-2 are used for different purposes, much of the information required to be provided is similar. Thus, the completed Form 122C-2 provided here can be helpful in preparing Form 122A-2. Part 1 of Form 122A-2 first permits the debtor to make a marital adjustment to the “current monthly income” that the debtor reported on Form 122A-1.
Consumer Bankruptcy Law and Practice: Official Forms 122C-1 and 122C-2 Instructions
Chapter 13 Statement of Your Current Monthly Income, Calculation of Commitment Period and Chapter 13 Calculation of Your Disposable Income (Official Forms 122C-1 and 122C-2)
If you are filing under chapter 7, 11, or 12, do not fill out this form.
Official Forms 122C-1 and 122C-2 determine the commitment period for your payments to creditors, how the amount you may be required to pay to creditors is established, and, in some situations, how much you must pay.
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.
Consumer Bankruptcy Law and Practice: Annotations to Completed Sample Form 2030
1. In every case a disclosure of fees paid to the debtor’s attorney must be filed. 11 U.S.C. § 329; Fed. R. Bankr. P. 2016(b). Director’s Form B2030, though not an Official Form, has been promulgated by the Administrative Office of the United States Courts to fulfill this requirement. The purpose of this form is to allow the court and the United States trustee, who also must receive a copy, to monitor fees and to make sure they are reasonable.
Consumer Bankruptcy Law and Practice: About the Form
If a court judgment for possession in an eviction case has been entered against the debtor before the petition is filed, the debtor must fill out and file with the petition this statement, Official Form 101A.
Consumer Bankruptcy Law and Practice: About the Form
If the debtor has filed Form 101A and obtained a stay of the eviction for the thirty-day period after filing bankruptcy, the debtor may obtain a further stay beyond the thirty-day period by filing and serving this form within thirty days after the petition is filed. To obtain the stay, the debtor must check the applicable boxes on Official Form 101B certifying that (1) the debtor has the right to stay in the residence by paying the entire delinquent amount and (2) the debtor has paid the landlord the entire amount stated in the judgment for possession. See 11 U.S.C.
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
Consumer Bankruptcy Law and Practice: 2005–2007 Advisory Committee Note on Form 23
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.
Consumer Bankruptcy Law and Practice: 2015 Advisory Committee Note on Form 424
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.