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Bankruptcy Basics: 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.

Bankruptcy Basics: 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.

Bankruptcy Basics: Schedule C

Schedule C is a list of the debtor’s exemptions. All possible good faith exemptions should be listed, because if no party in interest files a timely objection, the exemptions will be allowed as listed.

Bankruptcy Basics: 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.

Bankruptcy Basics: Getting Started

This Appendix contains sample consumer bankruptcy pleadings and other forms. Most of the forms provided here are limited to chapter 7 bankruptcy practice.

Bankruptcy Basics: Pleadings and Other Forms Contained in This Appendix

  • Form 1 Pre-Filing Notification to Creditors of Representation
  • Form 2 Notification to Creditor Seeking Information As to Account
  • Form 3 Letter to Client Requesting More Information
  • Form 4 Initial Consultation Agreement and Acknowledgment of Receipt of Disclosures
  • Form 5 Notice Required by 11 U.S.C. § 527(a)
  • Form 6 Notice Required by 11 U.S.C.

Bankruptcy Basics: B.1.1 Introduction

This Appendix provides guidance in completing the official bankruptcy forms relevant to chapter 7 consumer bankruptcies, in effect as of July 2023. Practitioners should also check whether their local bankruptcy courts have altered the official forms.

Bankruptcy Basics: B.1.4.2 Converting Documents to Adobe Acrobat (PDF) Format

Sample pleadings found in Appendix C, infra, are available in Microsoft Word format (to facilitate adapting the pleading for a particular case) as companion materials to this guide under “Pleadings and Discovery.” These pleadings, and any other documents to be filed electronically and not already in Adobe Acrobat (PDF) format, must be converted to PDF format.

Bankruptcy Basics: Form 5 Notice Required by 11 U.S.C. § 527(a)

[Editor’s Note.8]

Notice to Individual Consumer Debtor Under Section 527(a) of the Bankruptcy Code

In accordance with section 527(a)(2) of the Bankruptcy Code, be advised that:

1. All information you are required to provide with a bankruptcy petition and during a bankruptcy case must be complete, accurate, and truthful.

Bankruptcy Basics: Form 12 Motion to Excuse Filing of Lost or Unavailable Payment Advices

[Editor’s Note.16]

[Caption: Official Form 416A]

Motion to Excuse Complete Filing of Payment Advices

Debtor, by his counsel, hereby moves that he be excused from filing all of the payment advices received from his employer within sixty (60) days of the petition. In support of this motion, Debtor states:

1. Debtor filed a voluntary petition under chapter 7 of the Bankruptcy Code on [date].