Pending
Changes in the Bankruptcy Forms
Pending Change in the Bankruptcy Official
Forms
Effective on December 19, 2008
| B 22A Statement of Current Monthly Income and Means Test Calculation
(Chapter 7) (12/08) - Effective 12/19/2008 Form | Committee Note (Approved by the Judicial Conference on 11.18.08) |
The National Guard and Reservists Debt Relief Act of 2008, Pub.L. 110-438,
provides a temporary exclusion from the bankruptcy means test for Reservists
and members of the National Guard called to active duty or homeland defense
activity after September 11, 2001, for at least 90 days. The Judicial Conference
has approved an amendment to Official Form 22A which includes a new Part 1C
where qualifying debtors can invoke the temporary exclusion from the means test.
The amended form will be effective on December 19, 2008, the same time the
statute is effective.
In addition, the Judicial Conference has approved transmitting proposed Interim Rule 1007-I to the courts for adoption as a local rule to implement the Act.
Changes in Director's Procedural Bankruptcy
Form 132
and the Instructions for the Director's Forms
Director's Procedural Form B 132, Application for Search of Bankruptcy Records, has been revised to advise filers that the form should not be filed electronically because the form may include complete social-security numbers. The change is effective immediately. The amended form is available on the Director's Forms page at http://www.uscourts.gov/bkforms/bankruptcy_forms.html#procedure.
The Instructions for Director's Procedural Bankruptcy Forms B 13S, 15S, 18F, 18FH, 18J, 18W, 18WH, 131, 132, 204, 205, 230A, 250A, 250B, 250C, 254, 255, 256, 260, 261A, 261B, 262, and 270 have been revised to incorporate the December 1, 2008, amendments to the Federal Rules of Bankruptcy Procedure and recent changes in the Bankruptcy Code, forms, and fees. Copies of the updated Instructions are available on the Director's Forms page at http://www.uscourts.gov/bkforms/bankruptcy_forms.html#procedure.
Pending Changes in the Director's Procedural
Bankruptcy Forms
Effective on December 1, 2008
| B 201 Notice to Individual Consumer Debtor (12/08) Form | Instructions |
Director's Procedural Form B 201 has been amended to advise debtors that Rule 4002 requires the debtor to notify the court of any changes in the debtor's address. As revised, Form B 201 also 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. The revised form is effective on December 1, 2008.
| B 283 Chapter 13 Debtor's Certifications Regarding Domestic Support
Obligations and Section 522(q) (12/08) Form | Instructions |
Director's Procedural Form B 283 is new. Form B 283 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 for a discharge in chapter 13. The new form is effective on December 1, 2008.
Changes in Director's Procedural Bankruptcy Form 200 Effective Immediately
| B 200 Required Lists, Schedules, Statements and Fees (12/08) Form | Instructions |
Director's Procedural Form B 200 has been updated to incorporate the December 1, 2008, amendment to Exhibit D to Official Bankruptcy Form 1. As amended, Exhibit D no longer requires that a motion be filed along with the debtor's Bankruptcy Code § 109(h)(3) certification regarding credit counseling. In addition, Form B 200 was revised to include the requirement set out in Bankruptcy Rule 1007(b)(8) that individual chapter 11, chapter 12, and 13 debtors file a § 522(q) statement if they claim state exemptions totaling more than $136,875. The changes are effective immediately.
Amended Official Forms:
changes:
September 11, 2008: amended Forms B 1, Exhibit D, B 8, B 10, and B 23 were replaced
with "fill-in" versions.
| B 1 Exhibit D - Individual Debtor's Statement of
Compliance with Credit Counseling Requirement (12/08) Form | Committee Note |
| B 8 Chapter 7 Individual Debtor's Statement of Intention
(12/08) Form | Committee Note |
| B 9F Notice of Chapter 11 Bankruptcy Case, Meeting
of Creditors and Deadlines – Corporation/Partnership case (12/08) Form No Committee Note. The form was revised to delete the debtor's phone number in conformity with the other versions of Official Form 9. |
| B 10 Proof of Claim (12/08) Form | Committee Note |
| B 23 Debtor's Certification of Completion of Postpetition
Instructional Course Concerning Financial Management (12/08) Form No Committee Note. The paragraph describing Filing Deadlines at the bottom of the form was revised to include a reference to § 1141(d)(5)(B). |
The amendments above were approved by the Judicial Conference in September 2008.
New Official Forms:
changes:
September 11, 2008: new Form B 25C was replaced with a "fill-in" version, which
also corrected typographical errors in the two categories of "non-bankruptcy
related" professional fees reported at the bottom of the third page.
| B 25A Plan of Reorganization in Small Business Case
under Chapter 11 (12/08) Form | Instructions | Committee Note |
| B 25B Disclosure Statement in Small Business Case
under Chapter 11 (12/08) Form | Instructions | Committee Note |
| B 25C Small Business Monthly Operating Report (12/08)
Form | Committee Note |
| B 26 Periodic Report Regarding Value, Operations
and Profitability of Entities in Which the Debtor's Estate Holds a Substantial
or Controlling Interest (12/08) Form | Instructions | Committee Note |
The four new forms above were approved by the Judicial Conference in September 2007 with an effective date of December 1, 2008.
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