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Consumer Bankruptcy Law and Practice: 2013 Advisory Committee Note on Form 3B

This form, which applies only in cases of individual debtors, has been revised as part of the Forms Modernization Project, making the form easier to read and, as a result, likely to generate more complete and accurate responses. Additionally, in calculating the income that determines the debtor’s initial eligibility for a fee waiver, line 2 of the form now directs the debtor to exclude non-cash governmental assistance, such as food stamps and housing subsidies.

Consumer Bankruptcy Law and Practice: 2005–2007 Advisory Committee Note on Form 3B

This form is new. 28 U.S.C. § 1930(f), enacted as part of the Bankruptcy Abuse and Consumer Protection Act of 2005, Pub. L. No. 109-8, 119 Stat. 23 (April 20, 2005), provides that “under procedures prescribed by the Judicial Conference of the United States, the district court or the bankruptcy court may waive the filing fee in a case under chapter 7 of title 11 for an individual if the court determines that such individual has income less than 150 percent of the income official poverty line . . .

Consumer Bankruptcy Law and Practice: About the Form

Official Form 106 (formerly Form 6) contains the debtor’s bankruptcy schedules used to comply with section 521(1) of the Bankruptcy Code and Federal Rule of Bankruptcy Procedure 1007(b). Official Form 106 must be filed by all debtors without regard to the chapter under which they have filed. For a general discussion of Official Form 106, see § 7.3.4, supra.

Consumer Bankruptcy Law and Practice: Schedule A/B

5. A basic description, including the street address for the property, is usually sufficient. For property that may not have a street or post office address, such as a vacant lot, some other description should be provided, such as a tax assessor’s identification number or plat and lot number. In some districts, local practice may require the full legal description or a local property identification number. This additional information can be provided in the space provided at the bottom of each line labeled: “Other information you wish to add about this item.”

Consumer Bankruptcy Law and Practice: Schedule C

22. Schedule C must state whether the debtors are utilizing the state exemptions or the federal bankruptcy exemptions. Often there may be no choice because the state has opted out of the federal exemptions. See § 10.2.1, supra. If married debtors file jointly in a state in which a choice may be made, both spouses must take the same set of exemptions.

Consumer Bankruptcy Law and Practice: Schedule D

29. Schedule D lists the claims of all creditors that hold liens, even if they are undersecured, and even if their liens can later be avoided by the debtor or the trustee. These liens may include judgment and statutory liens, garnishments, mortgages, and deeds of trust. Creditors holding security deposits also should be listed here, as well as creditors holding less obvious types of security interests such as those that arise by operation of law, like a tax lien, rather than from a security agreement.

Consumer Bankruptcy Law and Practice: Schedule E/F

40. In Part 1 of Schedule E/F, the debtor lists claims that have priority under the Bankruptcy Code, such as taxes and domestic support obligations. In order to complete this part a determination must first be made as to which claims, if any, fall into the priority categories set out in section 507. In some cases, only part of the creditor’s total claim will be entitled to priority status. If the creditor has a lien, list the debt on Schedule D as a secured debt, whether or not the creditor would otherwise be entitled to priority.

Consumer Bankruptcy Law and Practice: Schedule G

48. The debtor must list on Schedule G any unexpired leases and executory contracts. The debtor’s interest in the contract or lease may also be listed on Schedule A/B. An executory contract is broadly defined as one for which significant aspects of performance remain due by the parties. An unexpired lease is one that has not yet terminated according to its terms. If the debtor has no unexpired leases or executory contracts, the debtor should check the applicable box.

Consumer Bankruptcy Law and Practice: Schedule H

50. Codebtors, other than a spouse in a joint case, should be listed on Schedule H. A former spouse who is jointly responsible with the debtor under state law for providing necessities such as food and medical care to dependents should be listed here as a codebtor. A guarantor on a debt owed by the debtor, such as a private mortgage insurance company, should also be listed here as a codebtor. The Lewises have no codebtors and have checked the applicable box.

Consumer Bankruptcy Law and Practice: Schedule I

52. Schedule I has a box in the upper right corner that is labeled: “Check if this is an amended filing.” This box should be checked if an amended Schedule I is filed to correct information reflecting the debtor’s income as of the petition date. Schedule I has an additional box labeled: “A supplement showing post-petition chapter 13 income as of the following date: ______.” This box should be checked if the new Schedule I is intended to report postpetition changes in the debtor’s income in a chapter 13 case, noting the date when the change took effect.

Consumer Bankruptcy Law and Practice: Schedule J

60. Schedule J has a box in the upper right corner that is labeled: “Check if this is an amended filing.” This box should be checked if an amended Schedule J is filed to correct information reflecting the debtor’s expenses as of the petition date. Schedule J has an additional box labeled: “A supplement showing post-petition chapter 13 expenses as of the following date: ______.” This box should be checked if the new Schedule J is intended to report postpetition changes in the debtor’s expenses in a chapter 13 case, noting the date when the change took effect.

Consumer Bankruptcy Law and Practice: Summary of Your Assets and Liabilities and Certain Statistical Information

Accompanying the schedules is a form (Official Form 106Sum) that summarizes the debtor’s debts, property, income, and expenses. The form reports the totals of certain information listed on other forms, and is used for statistical reports that the courts are required by law to prepare and make public. The form is self-explanatory. Bankruptcy software programs will typically insert the applicable figures from the schedules and forms automatically once they are completed. Lines 8 and 9 in part 4 of the form are to be filled out only if the debtor has primarily consumer debts.