Bankruptcy Official Form Changes 12/1/07

AMENDMENTS TO OFFICIAL FORMS

Effective 12/1/2007:

B1, Voluntary Petition
Page 1: New Values have been added to the estimated assets and estimated liabilities.

Page 2: The "Statement by a Debtor Who Resides as a Tenant of Residential Property" has been changed to "Certification". A checkbox has been added for the debtor to certify that he/she has served the landlord with the certification.

Page 3: Signature of Attorney - a notice is provided advising the attorney that the attorney’s signature constitutes a certification that the attorney has no knowledge after inquiry that the information in the schedules filed with the petition is incorrect.

B3A, Application and Order to Pay Filing Fee in Installments
B3B, Application for Waiver of Chapter 7 Filing Fee
Amended to make minor stylistic changes.

B4, List of Creditors Holding 20 Largest Unsecured Claims
Amended to require only the initials of a minor instead of the minor’s full name and the name and address of the child’s parent or guardian.
       
B5, Involuntary Petition
Amended to require the use of only the last four digits of an individual debtor’s taxpayer-identification number.

B6, Cover Sheet for Schedules
Amended to add text (see bolded) to second line:
Statistical Summary of Certain Liabilities and Related Data (28 U.S.C. § 159).

B6, Summary of Schedules (Includes Statistical Summary of Certain Liabilities)
Amended to make minor stylistic changes.
       
B6A, Schedule A - Real Property
Amended as to language

B6B, Schedule B - Personal Property
Amended to require only the initials of a minor instead of the minor’s full name and the name and address of the child’s parent or guardian.
       
B6C, Schedule C - Property Claimed as Exempt
Amended to make minor stylistic changes.

B6D, Schedule D - Creditors Holding Secured Claims
Amended the same as Schedule B.

B6E, Schedule E - Creditors Holding Unsecured Priority Claims
Amended the same as Schedule B.

B6F, Schedule F - Creditors Holding Unsecured Nonpriority Claims
Amended the same as Schedule B.

B6G, Schedule G - Executory Contracts and Unexpired Leases
Amended the same as Schedule B.

B6H, Schedule H - Co-debtors
Amended the same as Schedule B.

B6I, Schedule I - Current Income of Individual Debtors
Amended to add the following to the first paragraph:
The average monthly income calculated on this form may differ from the current monthly income calculated on
From (typo) 22A, 22B, or 22C.

B6J, Schedule J - Current Expenditures of Individual Debtor(s)
Amended to add the following to the first paragraph:
The average monthly income calculated on this form may differ from the deductions from income allowed on
Form 22A or 22C.

B6, Declaration Concerning Debtor’s Schedules
Amended as to language

B7, Statement of Financial Affairs
Amended to require only the initials of a minor instead of the minor’s full name and the name and address of the child’s parent or guardian (Page 1, 1st paragraph).

Amended 18a to add the option: "individual taxpayer-i.d. No. (ITIN)".

B10, Proof of Claim
The proof of claim form has been amended in several respects based on the experiences of creditors and trustees in using it and on the technological changes that have occurred in the courts’ processing of claims. A definition of the word  "redacted" (referred to in paragraph 7) has been added in conformity with Rule 9037.
The most essential amendments are as follows:

The creditor now has a space in which to provide a separate payment address if different from the creditor’s address for receiving notices in the case.

The check boxes for indicating that the creditor’s address provided on the proof of claim is a new address, and that the creditor never received any notices from the court in the case have been deleted.
       
 A new checkbox is to be used when a debtor or trustee files a proof of claim for a creditor.

Information about obtaining acknowledgment from the court of the filing of the proof of claim is revised and moved to a new section on the reverse side called “Information”.

B19, Declaration and Signature of Non-Attorney Bankruptcy Petition Preparer
This is a NEW form.  It is derived from form 19B and replaces forms 19A and 19B.

Although space is provided in the declaration to list multiple documents prepared for a single filing, a new form 19 must be completed and accompany subsequent filings.  For example, one form 19 listing all forms prepared by the bankruptcy petition preparer would be filed with the debtor’s petition package.  Another form 19 would be required if the debtor files amended schedules later in the case that were prepared by the bankruptcy petition preparer.
                 
The form must be signed by the debtor and the bankruptcy petition preparer where indicated, and must be filed with each document for filing prepared by the bankruptcy petition preparer.

B21, Statement of Social Security Number
Title of form amended:
From: Form 21. Statement of Social Security Number
To: Statement of Social-Security Number Or Individual Taxpayer-Identification Number (ITIN)

Amended to add a checkbox to direct an individual debtor who does not have a social-security number but has another government-issued individual taxpayer number to furnish that number to the court.

 The amendment to this form will ensure that the court and creditors can properly identify a debtor who does not have a social-security  number.

B23, Debtor’s Certification of Completion of Instructional Course Concerning Financial Management

Title of form amended:
From: Debtor’s Certification of Completion of Instructional Course Concerning Personal Financial Management
To: Debtor’s Certification of Completion of PostPetititon Instructional Course Concerning Personal Financial

 First paragraph added language - chapter 11 in which 1141(d) applies.

 Filing Deadlines paragraph added language - In a chapter 11.

B24, Certification to Court of Appeals

 Amended to include a signature line for the appellee and the appellee’s attorney.