Change In Bankruptcy Law Article

Thumbnail example

This is a selection made from among articles on Change In Bankruptcy Law. For a permanent link to this article, or to bookmark it for future reading, click here.

Bankruptcy Forms - A New Manual

from:
Dean Shainin

Official Bankruptcy Forms have been adopted by the Judicial Conference to implement the new 2005 BAPCPA law.

The supposed documents include the Interim Rules and Official Forms as well as Committee Notes and memoranda on the Interim Rules and Official Forms prepared by the Advisory Committee on Bankruptcy Rules (the Advisory Committee).

The Bankruptcy Forms consists of Part I - Official Forms, Instructions, and Committee Notes, Part II- Directors Procedural Forms and Instructions, and the Bankruptcy Forms Pending Final Action that will be effective on October 1, 2006 if approved by the Judicial Conference on September 19, 2006.

The Official Bankruptcy Forms B1-24 involves:

Voluntary Petition, Exhibit A and C Declaration under Penalty of Perjury on Behalf of a Corporation or Partnership Application and Order to Pay Filing Fee in Installments Application for Waiver of Chapter 7 Filing Fee List of Creditors Holding 20 Largest Unsecured Claims Involuntary Petition Cover Sheet for Schedules Summary of Schedules (Includes Statistical Summary of Certain Liabilities) ScheduleA - Real Property ScheduleB - Personal Property ScheduleC - Property Claimed as Exempt ScheduleD - Creditors Holding Secured Claims ScheduleE - Creditors Holding Unsecured Priority Claims ScheduleF - Creditors Holding Unsecured Non-priority Claims ScheduleG - Executory Contracts and Unexpired Leases ScheduleH - Co-debtors ScheduleI - Current Income of Individual Debtor(s) ScheduleJ- Current Expenditures of Individual Debtor(s) Declaration Concerning Debtor's Schedules Statement of Financial Affairs Chapter7 Individual Debtor's Statement of Intention Notice of Commencement of Case under the Bankruptcy Code, Meeting of Creditors, & Deadlines Chapter7 Individual or Joint Debtor No Asset Case Chapter7 Corporation/Partnership No Asset Case Chapter7 Individual or Joint Debtor Asset Case Chapter7 Corporation/Partnership Asset Case Chapter11 Individual or Joint Debtor Case (Alt.) Chapter11 Individual or Joint Debtor Case Chapter11 Corporation/Partnership Case (Alt.) Chapter11 Corporation/Partnership Case Chapter12 Individual or Joint Debtor Family Farmer Chapter12 Corporation/Partnership Family Farmer Chapter13 Case Proof Of Claim General Power of Attorney Special Power of Attorney Order and Notice for Hearing on Disclosure Statement Order Approving Disclosure Statement and Fixing Time for Filing Acceptances or Rejections of Plan, Combined with Notice Thereof Ballot for Accepting or Rejecting Plan Order Confirming Plan Caption Caption (Short Title) [Abrogation] Caption for Use in Adversary Proceeding other than for a Complaint Filed by a Debtor Notice of Appeal under 28 U.S.C. §158(a) or (b) from a Judgment, Order or Decree of a Bankruptcy Court Discharge of Debtor Declaration and Signature of Non-Attorney Bankruptcy Petition Preparer Notice to Debtor by Non-Attorney Bankruptcy Petition Preparer Notice of Motion or Objection Notice of Objection to Claim Statement of Social Security Number Statement of Current Monthly Income and Means Test Calculation (Chapter7) Statement of Current Monthly Income (Chapter11) Statement of Current Monthly Income and Calculation of Commitment Period and Disposable Income (Chapter13) Debtor's Certification of Completion of Instructional Course Concerning Financial Management Certification to Court of Appeals Bankruptcy Forms Pending Final Action (proposed amendments to the Official Bankruptcy Forms)

* To give the courts, the bar, forms publishers, and information services additional prospect to relate the amendments:

Official Forml, Voluntary Petition ExhibitD to Official Form 1, Individual Debtor's Statement of Compliance with Credit Counseling Requirement (new) Official Form5, Involuntary Petition Official Form6, Schedules of Assets and Liabilities Official Form6D, ScheduleD Official Form6E, ScheduleE Official Form6F, ScheduleF Official Form6I, ScheduleI Official Form6J, ScheduleJ Official Form6, Declaration Official Form9, Meeting Creditors Notice Official Form9G, Chapter12, Individual or Joint Case Official Form9H, Chapter12, Corporate Case Official Form9I, Chapter13 Case Official Form22A, Statement of Current Monthly Income and Means Test Calculation (Chapter7) Official Form22C, Statement of Current Monthly Income and Calculation of Commitment Period and Disposable Income (Chapter13) Official Form23, Debtor's Certification and Completion of Instructional Course Concerning Financial Management

Director's Procedural Bankruptcy Forms Pending Final Action

New Director's Procedural Form202, Statement of Military Service, and amendments to Director's Procedural Forms240 Reaffirmation Agreement; 271, Final Decree; and 281, Appearance of Child Support Creditor or Representative, (effective on August 1, 2006). Form202, Statement of Military Service (new) Form240, Reaffirmation Agreement Form271, Final Decree Form281, Appearance of Child Support Creditor or Representative

* Current bankruptcy forms are available at uscourts.gov.

About the author: Dean Shainin offers online Bankruptcy and debt advice. For more information, articles, current news, tools and valuable resources on bankruptcy and debt solutions, visit this site: Bankruptcy Chapter 7