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Bankruptcy Basics: Aid 5 Best Practices for Document Production Requests by Trustees in Consumer Bankruptcy Cases

Shortly after the effective date of BAPCPA, the United States Trustee Program (“USTP”) reviewed its document production requirements and decided that USTP staff would not routinely request from debtors any documentation that is not otherwise required by the Bankruptcy Code (“Code”) or Federal Rules of Bankruptcy Procedure (“Rules”). The USTP similarly notified chapter 7 and chapter 13 trustees that we did not require them to collect additional documents without a specific need for additional information.

Bankruptcy Basics: Questionnaire Formats Available

This is found under “Practice Tools” in the companion materials accompanying the digital version of this guide as both an Adobe Acrobat (PDF) and a Microsoft Word file. There is also a available in both PDF and Word formats. Use a PDF version if you want to reprint the questionnaire, and a Word version if you want to edit the document using your word-processing program.

Bankruptcy Basics: Handout 2—Your Legal Rights During and After Bankruptcy: Making the Most of Your Bankruptcy Discharge

Bankruptcy is a choice that may help if you are facing serious financial problems. You may be able to cancel your debts, stop collection calls, and get a fresh financial start. Bankruptcy can help with some financial problems, but does not guarantee you will avoid financial problems in the future. If you choose bankruptcy, you should take advantage of the fresh start it offers and then make careful decisions about future borrowing and credit, so you won’t ever need to file bankruptcy again!

How Long Will Bankruptcy Stay on My Credit Report?

Bankruptcy Basics: E.4 Bankruptcy Court Miscellaneous Fee Schedule

The following miscellaneous fees schedule was issued by the Judicial Conference of the United States in accordance with 28 U.S.C. § 1930(b). It is effective as of December 1, 2020.

Bankruptcy Court Miscellaneous Fee Schedule (28 U.S.C. § 1930)

The fees included in the Bankruptcy Court Miscellaneous Fee Schedule are to be charged for services provided by the bankruptcy courts.

Bankruptcy Basics: E.3 Bankruptcy Policies

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

Bankruptcy Basics: Introduction

This report has been prepared by Fellows of the American College of Bankruptcy (the “College”). The College and its Fellows do not warrant or represent the accuracy or completeness of any of the information, or any of the recommendations, contained in this report. The recipient of this report, by receipt, acknowledges the foregoing.

Bankruptcy Basics: B.1.2 The Initial Forms

It is common for offices that handle significant numbers of bankruptcy cases to use special computer programs that generate bankruptcy forms based on input data. There are a wide range of such programs now on the market. For offices which do not currently have ready access to such a program, the simplest alternative is to use the blank official forms that are available for download in Adobe Acrobat (PDF) fillable format on the website of the Administrative Office of the U.S.

Bankruptcy Basics: B.1.4.1 Overview

Almost every bankruptcy court requires the filing of bankruptcy forms electronically. Whatever format in which the documents were created, the forms must be filed in Adobe Acrobat (PDF) format. This format is similar to an electronic photograph of the original document. An exception to the PDF requirement is that the creditor mailing list is filed in ASCII text (.txt) format.

Bankruptcy Basics: How to Use the Completed Forms

Reprinted below are the initial forms required to institute a bankruptcy case, including all form changes through July 2023. The forms have been completed for a sample chapter 7 bankruptcy. The completed forms are based upon fact pattern described below. The completed forms are annotated to offer additional information.

Bankruptcy Basics: Introduction

Section 603(a) of the 2005 bankruptcy amendments, Pub. L. No. 109-8, 119 Stat. 118 (2005), required the United States Department of Justice to establish procedures to audit petitions, schedules, and other information in consumer bankruptcy cases filed on or after October 20, 2006. Pursuant to 28 U.S.C. § 586(f), the Executive Office of the United States Trustees (EOUST) contracted with private accounting firms to audit cases selected by the EOUST. In October 2006, the EOUST issued a notice containing debtor audit standards, 71 Fed. Reg. 58,005 (Oct. 2, 2006). It is reprinted below.

Bankruptcy Basics: Information on Debtor Audits

Pursuant to section 603 of the Bankruptcy Abuse Prevention and Consumer Protection Act of 2005, individuals who file for relief under chapter 7 or chapter 13 of the Bankruptcy Code are subject to audit. At least one out of every 1,000 individual chapter 7 and chapter 13 cases will be randomly selected for audit. In addition, a case may be selected for an exception audit (audit of a case with income or expenditures above a statistical norm).

Bankruptcy Basics: Listing of Forms

This subsection contains the forms required to institute a typical chapter 7 case. Also listed but not reprinted here are other official bankruptcy forms that may be required later in the case and selected forms promulgated by the Administrative Office of the United States Courts that are relevant to consumer bankruptcies.

Bankruptcy Basics: Notice Required by 11 U.S.C. § 342(b) for Individuals Filing for Bankruptcy

Section 342(b) requires the clerk of the bankruptcy court to give each consumer debtor a notice prior to the filing of the petition describing the chapters of the Bankruptcy Code under which the debtor may proceed, the services of credit counseling agencies, and the possible consequences of bankruptcy fraud. However, because section 521(a)(1)(B)(iii) requires the debtor’s attorney to file a certification that the attorney delivered the notice to the debtor, a represented debtor will receive the notice from their attorney rather than from the court.

Bankruptcy Basics: Individual and Joint Cases

An individual may file a bankruptcy case alone, even if the individual is married. Only an individual and their spouse may file a joint bankruptcy case. 11 U.S.C. § 302. A legally married same-sex couple may file a joint bankruptcy petition. Couples in certain other formal relationships may not file jointly, such as a domestic partnership or a civil union, or a marriage in a foreign jurisdiction that is not recognized in the United States (such as a non-consensual marriage).