Pending
Changes in the Bankruptcy Forms
Effective on December 1, 2008
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) 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.
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.
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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