On December 1, 2008, updates to the federal forms were implemented. The changes will appear minor to virtual bankruptcy assistants but show the changes in the law which affect the attorneys and the courts practicing law.
NOTE: Some changes and revisions were made to forms used in a Chapter 11 case, which I have not included in this article. For purposes of this article, I have only included changes that effect Chapter 7 and Chapter 13 bankruptcy petitions.
EXHIBIT D
Individual Debtor’s Statement of Compliance with Credit Counseling Requirement
Paragraph 3 of Exhibit D was amended to delete any reference to a requirement that a debtor file a motion with the court to obtain an order approving a request for the postponement of the debtor’s obligation to obtain a credit counseling briefing prior to the commencement of the case. The paragraph immediately following numbered paragraph 3 was also amended to reflect the deletion of the need for a separate motion beyond the completion of the certification itself. That paragraph continues to warn the debtor that the case may be dismissed if the court does not find that a postponement is warranted. It also advises the debtor that, even if the court concludes that postponement of the obligation is appropriate, the debtor still must complete the briefing within the time allowed under the Code.
FORM 8
Chapter 7 Individual Debtor’s Statement of Intention
This form is amended to conform to Section 362(h), which was added to the Code, and Section 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. This 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. The amended form is intended to elicit more complete information about the debtor’s intentions with regard to property subject to security interests and personal property leases than has been obtained under the current version of the form.
In addition, this form is amended to specify that the debtor’s signature is a declaration under penalty of perjury, as required by Rule 1008, and to provide space for the co-debtor’s signature. A continuation page has been provided for use if necessary. The Declaration of Non-Attorney Bankruptcy Petition Preparer has been deleted from the form as duplicative of Form 19, Declaration and Signature of Non-Attorney Bankruptcy Petition Preparer. Form 19 contains both the petition preparer’s declaration and signature and the notice the petition preparer is required to give to the debtor under Section 110 of the Code.
FORM 10
Proof of Claim
This form is amended at Box 7 on Page 1, and instructions 2 and 7 on Page 2, to instruct the claimant that the information contained in or attached to a claim based on the delivery of health care goods or services should be limited so as to avoid embarrassment or the unnecessary disclosure of confidential information. The claimant is informed that additional disclosure may be required if the trustee or another party in interest objects to the claim.
Page 2 of the Proof of Claim is also amended to revise slightly the definitions of “creditor” and “claim” to conform more closely to the definitions of those terms in the Code.
FORM 23
Debtor’s Certification of Completion of Post-Petition Instructional Course Concerning Financial Management
The paragraph describing Filing Deadlines at the bottom of the form was revised to include a reference to Section 1141(d)(5)(B).
FORM B201
Notice to Consumer Debtor
Clerks of the court may use Form B201 to give individual consumer debtors the notice required by Section 342(b) of the Code (11 U.S.C. Section 342(b)) or to respond to general inquiries from the public.
This form serves as a pre-printed information sheet on the purposes of Chapters 7, 11, 12, and 13 of the Bankruptcy Code, the costs and benefits to the debtor of a case under each Chapter, the types of services available from credit counseling agencies, and warnings about the penalties for bankruptcy crimes and the Attorney General’s examination of information supplied in connection with a bankruptcy case.
Form B201 states that joint debtors who list the same mailing address on the bankruptcy petition will generally receive a single copy of each notice mailed from the bankruptcy court in a jointly-addressed envelope, unless the debtors request that each spouse receive a separate copy of all notices. Form B201 also advises debtors that Fed. R. Bankr. P. 4002 requires the debtor to notify the court of any changes in the debtor’s address.
Although there is no specific requirement that Form B201 itself be filed, the debtor may file a signed copy of the form with the petition in order to avoid questions about whether the notice has been given.
FORM B283
Chapter 13 Debtor’s Certifications Regarding Domestic Support Obligations and Section 522(q)
Form B283 may be used by debtors to certify that they have complied with two of the requirements set out in Section 1328(a) of the Bankruptcy Code, 11 U.S.C. Section 1328(a), for a discharge in Chapter 13. The certifications must be made after the debtor has completed the plan payments.
Before completing this optional form, the debtor should determine whether the court has adopted a local form for making these certifications. If the court has adopted a local form, the debtor should use that form instead of Form B283. Information on the court’s local rules and forms is available on the court’s website.
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Disclaimer: Victoria Ring, the author of this article is NOT an attorney. She is a Certified Paralegal and Bankruptcy Specialist. The information in this article is for training purposes only and is provided from various authorities used for research by Victoria Ring during the writing of this article. For more information visit her website at http://www.713training.com
