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Consumer Bankruptcy Law and Practice: Annotations to Completed Sample Form 108

1. Another required document in chapter 7 cases (but not in chapter 13 cases) is the Statement of Intention (Official Form 108). 11 U.S.C. § 521(a)(2)(A); Fed. R. Bankr. P. 1007(b)(2). This document must state certain intentions of the debtor, as of the date of its filing, with regard to any property, real or personal, that serves as collateral for a debt. In addition this form requires the debtor to state the debtor’s intentions with respect to leases of personal property.

Consumer Bankruptcy Law and Practice: Official Form 122C-1

1. In order to provide information about the presumption of abuse in chapter 7 and the debtor’s disposable income and applicable commitment period in chapter 13, the debtor must file the appropriate versions of Official Form 122. Fed. R. Bankr. P. 1007(b)(4). Official Forms 122A-1 and 122A-2 are used in chapter 7 cases and Official Forms 122C-1 and 122C-2 are used in chapter 13 cases.

Consumer Bankruptcy Law and Practice: Official Form 122C-2

1. Debtors whose incomes are above the applicable state medians must fill out Form 122A-2 in a chapter 7 case or Form 122C-2 in a chapter 13 case. Although Forms 122A-2 and 122C-2 are used for different purposes, much of the information required to be provided is similar. Thus, the completed Form 122C-2 provided here can be helpful in preparing Form 122A-2. Part 1 of Form 122A-2 first permits the debtor to make a marital adjustment to the “current monthly income” that the debtor reported on Form 122A-1.

Consumer Bankruptcy Law and Practice: Official Forms 122C-1 and 122C-2 Instructions

Chapter 13 Statement of Your Current Monthly Income, Calculation of Commitment Period and Chapter 13 Calculation of Your Disposable Income (Official Forms 122C-1 and 122C-2)

If you are filing under chapter 7, 11, or 12, do not fill out this form.

Official Forms 122C-1 and 122C-2 determine the commitment period for your payments to creditors, how the amount you may be required to pay to creditors is established, and, in some situations, how much you must pay.

Consumer Bankruptcy Law and Practice: Annotations to Completed Sample Form 2030

1. In every case a disclosure of fees paid to the debtor’s attorney must be filed. 11 U.S.C. § 329; Fed. R. Bankr. P. 2016(b). Director’s Form B2030, though not an Official Form, has been promulgated by the Administrative Office of the United States Courts to fulfill this requirement. The purpose of this form is to allow the court and the United States trustee, who also must receive a copy, to monitor fees and to make sure they are reasonable.

Consumer Bankruptcy Law and Practice: About the Form

If a court judgment for possession in an eviction case has been entered against the debtor before the petition is filed, the debtor must fill out and file with the petition this statement, Official Form 101A.

Consumer Bankruptcy Law and Practice: About the Form

If the debtor has filed Form 101A and obtained a stay of the eviction for the thirty-day period after filing bankruptcy, the debtor may obtain a further stay beyond the thirty-day period by filing and serving this form within thirty days after the petition is filed. To obtain the stay, the debtor must check the applicable boxes on Official Form 101B certifying that (1) the debtor has the right to stay in the residence by paying the entire delinquent amount and (2) the debtor has paid the landlord the entire amount stated in the judgment for possession. See 11 U.S.C.

Consumer Bankruptcy Law and Practice: 2005–2007 Advisory Committee Note on Form 23

The form was issued in 2005. Sections 727(a)(11), 1141(d)(3) and 1328(g)(1), which were added to the Code by the Bankruptcy Abuse Prevention and Consumer Protection Act of 2005, Pub. L. No. 109-8, 119 Stat. 23 (April 20, 2005), require individual debtors to complete an instructional course concerning personal financial management as a condition for receiving a discharge. The completed form will signal the clerk that this condition has been satisfied.

Consumer Bankruptcy Law and Practice: 2015 Advisory Committee Note on Form 427

Official Form 427, Cover Sheet for Reaffirmation Agreement, is revised and renumbered as part of the Forms Modernization Project. The form replaces former Official Form 27, Reaffirmation Agreement Cover Sheet. To make it easier to understand, the form is reformatted, and legal terms are explained more fully or replaced with commonly understood terms.

Consumer Bankruptcy Law and Practice: Official Form 108 Instructions

Statement of Intention for Individuals Filing Under Chapter 7 (Official Form 108)

If you are filing under chapter 11, 12, or 13, do not fill out this form.

If you are an individual filing under chapter 7, you must fill out the Statement of Intention for Individuals Filing Under Chapter 7 (Official Form 108) if:

Consumer Bankruptcy Law and Practice: 2015 Advisory Committee Note on Form 108

Official Form 108, Statement of Intention for Individuals Filing Under Chapter 7, is revised in its entirety as part of the Forms Modernization Project, making it easier to read and, as a result, likely to generate more complete and accurate responses. In addition, the form is renumbered, and stylistic changes are made throughout the form.

Consumer Bankruptcy Law and Practice: 2008 Advisory Committee Note on Form 8

The form is amended to conform to § 362(h), which was added to the Code, and § 521(a)(2), which was amended, by the Bankruptcy Abuse Prevention and Consumer Protection Act of 2005, Pub. L. No. 109-8, 119 Stat. 23 (April 20, 2005), by expanding the questions directed to the debtor regarding leased personal property and property subject to security interests. The form is also amended and reformatted to require the debtor to complete a series of statements describing the property and setting out what actions the debtor intends to take for each listed asset.

Consumer Bankruptcy Law and Practice: 2005 Advisory Committee Note on Form 8

The form is amended to conform to section 521(a)(6), which was added to the Code by the Bankruptcy Abuse Prevention and Consumer Protection Act of 2005, Pub. L. No. 109-8, 119 Stat. 23 (April 20, 2005), by adding a section covering personal property subject to an unexpired lease and an option labeled “lease will be assumed pursuant to 11 U.S.C. § 362(h)(1)(A)” to the choices a debtor may make. The certification by a non-attorney bankruptcy petition preparer in the form is renamed a “declaration” and is amended to include material mandated by the 2005 amendments to § 110 of the Code.

Consumer Bankruptcy Law and Practice: About the Form

In order to provide information about the presumption of abuse in chapter 7 and the debtor’s disposable income in chapter 13, the debtor must file the appropriate versions of Official Form 122. Fed. R. Bankr. P. 1007(b)(4).

Form 122A (formerly Form 22A) is now split into three forms:

Consumer Bankruptcy Law and Practice: Annotations to Completed Sample Form 122A-1

1. In order to provide information about the presumption of abuse in chapter 7 and the debtor’s disposable income in chapter 13, the debtor must file the appropriate versions of Official Form 122. Fed. R. Bankr. P. 1007(b)(4). Official Forms 122A-1 and 122A-2 are used in chapter 7 cases and Official Forms 122C-1 and 122C-2 are used in chapter 13 cases. Debtors who do not have primarily consumer debts or who otherwise contend that they are exempt from means testing should prepare the separate supplement, Official Form 122A-1Supp, and file it with Official Form 122A-1.