Form Changes

Bankruptcy Official Forms
On September 19, 2006, the Judicial Conference approved proposed amendments to seven of the Bankruptcy Official Forms and one new Official Form. The new Exhibit D to Official Form 1 and the amendments to Official Forms 1, 5, 6, 9, 22A, 22C, and 23 will be effective on October 1, 2006. Copies of the amendments will be available on the judiciary’s website at http://www.uscourts.gov.

Click here to see a version of the pertinent revised forms effective October 1, 2006 and their changes highlighted in yellow.

• The amendments to Official Form 1, Voluntary Petition, Official Form 5, Involuntary Schedule, and Official Form 6, Schedules of Assets and Liabilities, implement the statistical reporting requirements of the 2005 Bankruptcy Act that take effect on October 1, 2006. The proposed amendments include revisions to Official Form 6 Summary, Schedules 6D, 6E, 6F, 6I, and 6J, and Official Form 6 Declaration.

• The Exhibit D to Official Form 1 highlights the debtor's obligation to seek credit counseling before filing a bankruptcy petition and the severe consequences for failing to timely do so.

• The amendments to Official Form 9G and Official Form 9H would add "family fisherman" to the category of debtors eligible for relief under Chapter 12 and the proposed amendment to Official Form 9I would provide general notice of the potential for the Internal Revenue Service to file a claim – based on the debtor's income tax return – well after the normal deadline for filing a proof of claim in a Chapter 13 case.

• The amendments to Official Forms 22A and 22C are stylistic and conform to new terms adopted in the 2005 Bankruptcy Act. Official Form 23 would be amended to require the debtor to verify completion of an instructional course on personal financial management by including the number of the certificate of completion.

Director's Procedural Forms

The Director of the Administrative Office has revised three of the Director’s Procedural Forms, including the Reaffirmation Agreement, and the Director has issued one new Director's Form.

• New Director’s Form B202 and amended Director’s Forms B240, B271, and B281 will be effective on August 1, 2006. Copies of the forms will be available on the Bankruptcy Forms Pending Final Action page on the Judiciary’s website.

• In response to suggestions from the courts, the Director’s Form B240, Reaffirmation Agreement, was amended to include the creditor’s name on the first page of the form and to include a box on the first page that would alert the court if there is a presumption of undue hardship. In addition, several provisions were revised to more closely track the statutory language and formatting changes were made to improve clarity.

• On October 16, 2006, coinciding with the implementation of CM 3.1, Director's Form 104, Adversary Proceeding Cover Sheet (10/06) will be required to be filed in all adversary proceedings.

• Also on October 16, 2006, coinciding with the implementation of CM 3.1, Director's Form 210, Transfer of Claim Other than Security (10/06) will be required to be filed for such claim transfers.

Written comments on the use of the Interim Rules and Official Forms should be sent to:

Peter G. McCabe, Secretary
Committee on Rules of Practice and Procedure
Thurgood Marshall Federal Judiciary Building
Washington, D.C. 20544