Skip to main content

Search

Consumer Bankruptcy Law and Practice: Schedule A/B

Schedule A/B (Official Form 106A/B) is a list of the debtor’s real and personal property. In this schedule the debtor must list all legal, equitable, and future interests in property. Part 1 of Schedule A/B is a list of the debtor’s real property. For a general discussion of Part 1 of Schedule A/B, see § 7.3.7.2.1, supra.

Consumer Bankruptcy Law and Practice: Schedule E/F

Schedule E/F is a list of the debtor’s unsecured claims. Part 1 is used for creditors with priority claims and Part 2 is for creditors with non-priority claims. The rule of thumb is “when in doubt, list it.” Failure to list a claim may prevent discharge of the debt. See § 15.4.3.3, supra.

Consumer Bankruptcy Law and Practice: Old Form 16B Instructions (may not be applicable to new Form 416B)

CAPTION (SHORT TITLE)

Official Form 16B, the “short title” caption may be used when the paper to be filed is not part of an adversary proceeding and the special notice requirement under section 342(c) of the Bankruptcy Code does not apply. Most motions filed by a creditor or by a trustee are papers on which the “short title” caption would be appropriate. Additional names, such as any under which the debtor has engaged in business, can be added as appropriate.

I. APPLICABLE LAW AND RULES

Consumer Bankruptcy Law and Practice: About the Form

This form should be used by debtors in adversary proceedings, as Official Form 16C is abrogated. When used in this manner, Official Form 416D (former Form 16D) should be altered to include the debtor’s address and last four digits of the debtor’s Social Security number. The debtor’s complete Social Security number should be included on copies furnished to creditors when section 342(c) of the Bankruptcy Code is applicable.

Consumer Bankruptcy Law and Practice: Old Form 16D Instructions (may not be applicable to new Form 416D)

CAPTION (CAPTION FOR USE IN ADVERSARY PROCEEDING OTHER THAN FOR A COMPLAINT FILED BY A DEBTOR)

An adversary proceeding is the equivalent of a lawsuit within the bankruptcy case. A caption for an adversary proceeding contains both the caption for the overall bankruptcy case and an adaptation of a caption for a civil action (lawsuit) in which the parties are designated as “plaintiff” and “defendant.” Together, the complaint and the summons function as notice to the defendant of the filing of the adversary proceeding.

Consumer Bankruptcy Law and Practice: 2015 Advisory Committee Note on Form 416D

Official Form 416D, Caption for Use in Adversary Proceeding Other Than for a Complaint Filed by a Debtor, applies on all forms where prescribed. Form 416D replaces Official Form 16D, Caption for Use in Adversary Proceeding Other Than for a Complaint Filed by a Debtor. It is renumbered as part of the Forms Modernization Project.

Consumer Bankruptcy Law and Practice: 2004 Advisory Committee Note on Form 16D

The form is amended to reflect the 2003 abrogation of Form 16C. As a complaint initiating an adversary proceeding serves as a notice to the defendant of the filing of an action, a debtor filing an adversary proceeding must follow the notice requirements of § 342(c) of the Code. To protect individual privacy a debtor should use the defendant’s copy of the summons to be served with the complaint to provide the information required by § 342(c) to any creditor named as a defendant.

Consumer Bankruptcy Law and Practice: About the Forms

Former Form 17 has been divided into three new forms: Form 417A (Notice of Appeal and Statement of Election) (formerly 17A), Form 417B (Optional Appellee Statement of Election to Proceed in District Court) (formerly 17B), and Form 417C (Certificate of Compliance With Rule 8015(a)(7)(B) or 8016(d)(2)) (formerly 17C). Former Official Form 17, used for appeals under 28 U.S.C. § 158(a) or (b) from a judgment, order, or decree of a bankruptcy judge, indicates that a final order may be entered in cases other than adversary proceedings.

Consumer Bankruptcy Law and Practice: Annotations to Completed Sample Form 107

1. The statement of financial affairs (Official Form 107) is required to be completed by all individual debtors. 11 U.S.C. § 521(a)(1)(B)(iii); Fed. R. Bankr. P. 1007(b)(1). The form contains detailed questions that must be answered, but it is relatively simple to fill out. It is important to pay careful attention to the specific time period requested, as some questions ask for information about several different time periods. Most of the questions include a box labeled “no” which should be checked if that is the appropriate response to the given question.

Consumer Bankruptcy Law and Practice: About the Form

The form of the chapter 13 plan is now prescribed by Bankruptcy Rule 3015(c). It requires that a national form plan, Official Form 113, be used, unless the judicial district where the case is filed has adopted a local form plan that complies with Rule 3015.1. Most districts have opted out of using the national form plan, though many of the approved local form plans have provisions similar to Official Form 113. Practitioners should check their local court’s website to determine whether the national or a local form plan is required, and to review any related local rule.

Consumer Bankruptcy Law and Practice: Official Form 106 Instructions

Schedule A/B: Property (Official Form 106A/B)

Schedule A/B: Property (Official Form 106A/B) lists property interests that are involved in a bankruptcy case. All individuals filing for bankruptcy must list everything they own or have a legal or equitable interest in. Legal or equitable interest is a broad term and includes all kinds of property interests in both tangible and intangible property, whether or not anyone else has an interest in that property.

Consumer Bankruptcy Law and Practice: 2013 Advisory Committee Note on Form 6

Schedule I: Your Income (Official Form 6I) and Schedule J: Your Expenses (Official Form 6J), which apply only in cases of individual debtors, have been revised as part of the Forms Modernization Project, making the forms easier to read and, as a result, likely to generate more complete and accurate responses.

Consumer Bankruptcy Law and Practice: 2005–2007 Advisory Committee Note on Form 6

The forms of the Schedules of Assets and Liabilities are amended to implement the provisions of the Bankruptcy Abuse Prevention and Consumer Protection Act of 2005, Pub. L. No. 109-8, 119 Stat. 23, (April 20, 2005) (“BAPCPA”). An amendment that directs the debtor to avoid disclosing the name and address of any minor child occurs in Schedules B, D, E, F, G, and H in conformity with § 112 which was added to the Code in 2005.

Consumer Bankruptcy Law and Practice: Old Form 17 Instructions (may not be applicable to new Forms 417A, B, and C)

NOTICE OF APPEAL

A party in a bankruptcy case who thinks the judge has decided a matter incorrectly has a right to appeal any final judgment, order, or decree of the judge. When a matter is appealed, another judge, or a group of three judges, will review the original judge’s ruling. The first step in exercising this right to have the original decision reexamined is the filing of a notice of appeal.

I. APPLICABLE LAW AND RULES

Consumer Bankruptcy Law and Practice: About the Form

The statement of financial affairs (Official Form 107) is required to be completed by all individual debtors. 11 U.S.C. § 521(a)(1)(B)(iii); Bankruptcy Rule 1007(b)(1). The form contains detailed questions that must be answered, but it is relatively simple to fill out. It is important to pay careful attention to the specific time period requested, as various questions ask for information about several different time periods. Most of the questions include a box labeled “no” which should be checked if that is the appropriate response to the given question.