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Bankruptcy Basics: 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.

Consumer Bankruptcy Law and Practice: What Is Included?

This appendix summarizes state exemption statutes. It focuses on statutes that exempt property of consumer debtors from collection by creditors. Statutes that provide special exemption rules for child support or other family support collections, or for other special types of debts, such as reimbursements to the state, are not summarized here.

Mortgage Servicing and Loan Modifications: ALASKA

Alaska Stat. § 18.56.135

Scope: Mortgage loans purchased by the Alaska Housing Finance Corporation (AHFC) under a residential loan program authorized by this statute and serviced by an institution other than the AHFC.

Exclusions: None specified.

Consumer Bankruptcy Law and Practice: Table of Contents

TITLE 28—JUDICIAL ADMINISTRATION

CHAPTER I—DEPARTMENT OF JUSTICE

PART 58—REGULATIONS RELATING TO THE BANKRUPTCY REFORM ACTS OF 1978 AND 1994

28 C.F.R. § 58.1 Authorization to establish panels of private trustees.

28 C.F.R. § 58.2 Authorization to appoint standing trustees.

28 C.F.R. § 58.3 Qualification for membership on panels of private trustees.

28 C.F.R. § 58.4 Qualifications for appointment as standing trustee and fiduciary standards.

28 C.F.R. § 58.5 Non-discrimination in appointment.

Consumer Bankruptcy Law and Practice: Forms Contained in This Appendix

This appendix contains selected forms promulgated by the Administrative Office of the United States Courts that are relevant to consumer bankruptcies. These forms are:

E.2 Adversary Proceeding Cover Sheet (B 1040)

E.3 Motion, Notice and Order for Adequate Protection Payments and Opportunity to Object (B 1130)

E.4 Required Lists, Schedules, Statements and Fees (B 2000)

E.5 Notice Required by 11 U.S.C. § 342(b) for Individuals Filing for Bankruptcy (B 2010)

E.6 Statement of Military Service (B 2020)

Bankruptcy Basics: § 830.50 Required Redaction of Debtor Tax Information

(a) The following redaction requirements apply to all tax information provided in accordance with section 521 of the Bankruptcy Code.

(b) Debtors providing tax information under 11 U.S.C. § 521 should redact personal information according to the criteria set forth in Fed. R. Bankr. P. 9037. A debtor should therefore redact personal identifiers in any tax information required to be filed with the court or provided to the trustee or creditor(s), in either electronic or paper form, as follows:

Bankruptcy Basics: E.5 Electronic Public Access Fee Schedule

The following fee schedule for use of the PACER system was issued by the Judicial Conference of the United States in accordance with 28 U.S.C. §§ 1913, 1914, 1926, 1930, and 1932. It is effective as of January 1, 2020.

Electronic Public Access Fee Schedule

The fees included in the Electronic Public Access Fee Schedule are to be charged for providing electronic public access to court records.

Published on: December 31, 2019

Effective on: January 1, 2020

Bankruptcy Basics: Aid 2 Median Income by State

Debtors with incomes below their state’s median family income will not be subjected to the “means test” formula to determine whether a debtor is presumed ineligible for a chapter 7 discharge. The debtor’s current monthly income restated on an annualized basis is compared with United States Census Bureau figures for the state’s median family income for that household size.

Bankruptcy Basics: Investigating the Facts

The debtor client is, of necessity, the primary source of information in a consumer bankruptcy case, and the client’s statement of the facts, obtained in a thorough and probing interview, should be presumed to be true absent particular circumstances that give rise to a suspicion that it is not. The debtor’s attorney should also obtain all documents reasonably available that are necessary to complete the petition, statement and schedules as fully and accurately as is reasonably possible.

Bankruptcy Basics: Introduction

This appendix contains three client handouts. The National Consumer Law Center provides copyright permission for individuals and organizations to copy or adapt these handouts for distribution without charge to consumers. No permission is granted to include these materials in other publications for sale.

Consumer Bankruptcy Law and Practice: Introductory Materials

Guide to Judiciary Policy

Vol. 4: Court and Case Management

Ch. 8: Bankruptcy Case Policies

§ 810 Overview

§ 815 Applicability

§ 820 Chapter 7 Fee Waiver Procedures

§ 820.10 Filing Fee Waiver Application and Initiation of the Chapter 7 Case

§ 820.20 Judicial Determination of Filing Fee Waiver Applications

§ 820.30 Developments in the Case

§ 820.40 Waiver of Additional Individual Debtor Fees

§ 830 Guidance for Protection of Tax Information

Consumer Bankruptcy Law and Practice: D.1.1 Introduction

This Appendix provides guidance in completing the Official Bankruptcy Forms relevant to consumer bankruptcies, in effect as of July 2023. Practitioners should also check whether their local bankruptcy courts have altered the Official Forms.