Bankruptcy Forms: An Overview
Filling out bankruptcy forms can be tedious and frustrating. Understanding a few main factors such as the correct chapter of bankruptcy to file, where to find the actual bankruptcy forms you need, and extra filing requirements will speed the process along. This brief overview of bankruptcy forms provides the basic knowledge needed to put you on the right track.
You can find the official bankruptcy forms online. Simply visit the United States Courts at http://www.uscourts.gov/FormsAndFees/Forms/BankruptcyForms.aspx to browse forms, instructions and requirements. You may print out blank copies, or even fill them in electronically for printing.
Local bankruptcy forms differ with each location. To find out the specific forms and requirements necessary, you can ask a bankruptcy court clerk or a local bankruptcy attorney. Some local bankruptcy courts display this information online, which you can search through the United States Courts: http://www.uscourts.gov/court_locator.aspx
Chapter 7 Bankruptcy
These bankruptcy forms are for a person, company or corporation. Chapter 7 releases the debtor from the responsibility in exchange for his or her assets, since the debtor cannot repay the debts. The assets the debtor keeps depend on the exemptions allowed under state law.
Chapter 11 Bankruptcy
These bankruptcy forms reorganize corporations, or individuals with unsecured debts over $336,900 (no collateral) and secured debts over $1,010,650 (with collateral). The debt amounts specified pertain to April 2007, and exponentially adjust upward over time. With Chapter 11, you must pay a quarterly fee to the United States Trustee.
Chapter 13 Bankruptcy
These bankruptcy forms reorganize individuals with unsecured debts under $336,900 and secured debts under $1,010,650. It is the most common chapter of bankruptcy used by American consumers. This is a good filing status if you may have money to make payments, but not nearly enough or at a fast enough pace as preferred by the creditors. In addition, you will most likely be able to retain more assets than with Chapter 7 bankruptcy.
Bankruptcy Forms
Below is a list of the bankruptcy forms found at the United States Courts website. Depending on your bankruptcy chapter, there are instructions on each form to guide you through the process.
- B 1 Voluntary Petition. This includes the petition as well as Exhibits A, C, and D.
- Exhibit A – You must complete this bankruptcy form if you are required to file periodic reports with the Securities and Exchange Commission.
- Exhibit C — You must complete this bankruptcy form if you possess property that may pose a threat to public health or safety
- Exhibit D – Individual Debtor’s Statement of Compliance With Credit Counseling Requirement
- B 3A Application and Order to Pay Filing Fee in Installments
- B 3B Application for Waiver of Chapter 7 Filing Fee
- B6 Cover Sheet for Schedules
- B6 Summary of Schedules
- B 6A Schedule A – Real Property
- B 6B Schedule B – Personal Property
- B 6C Schedule C – Property Claimed as Exempt
- B 6D Schedule D – Creditors Holding Secured Claims
- B 6E Schedule E – Creditors Holding Unsecured Priority Claims
- B 6F Schedule F – Creditors Holding Unsecured Nonpriority Claims
- B 6G Schedule G – Executory Contracts and Unexpired Leases
- B 6H Schedule H – Codebtors
- B 6I Schedule I – Current Income of Individual Debtor(s)
- B 6J Schedule J- Current Expenditures of Individual Debtor(s)
- B 6 Declaration Concerning Debtor’s Schedules
- B 7 Statement of Financial Affairs
- B 8 Chapter 7 Individual Debtor’s Statement of Intention
- B 21 Statement of Social Security Number
- B 22A Statement of Current Monthly Income and Means Test Calculation
- B 23 Debtor’s Certification of Completion of Instructional Course Concerning Financial Management (This bankruptcy form must be filed after your case begins and before you get your final discharge.)
- B 201A Notice to Consumer Debtors Under § 342(b) of the Bankruptcy Code (This form is located under Part II: Procedural Forms and Instructions. While it isn’t required to fill out this form, you will be required to sign a statement saying you’ve read this notice.)