Pending Changes in the Bankruptcy Forms

 

On September 12, 2017, the Judicial Conference approved several amendments to Official Forms that will go into effect on December 1, 2017, including Forms 101, 309F, 309G, 309H, 309I, 425A, 425B, 425C, and 426. Official Form 113 (Chapter 13 Plan) is discussed separately below.

Chapter 13 Plan Form

In addition, a package of rule and form amendments will be effective December 1, 2017, if Congress does not act to the contrary on the rule amendments. The full chapter 13 package, (Bankruptcy Rules 2002, 3002, 3007, 3012, 3015, 4003, 5009, 7001, 9009, and new Rule 3015.1, and new Official Form 113), can be found at Tab 5 of the Standing Committee’s January 2017 agenda book on uscourts.gov. As explained in the agenda book materials, Official Form 113 would be required to be used in federal districts after the effective date unless the district adopts a local form for chapter 13 plans that meets the requirements listed in new Rule 3015.1.

The latest version of proposed Official Form 113 can be found below.

Official Form 113 (Chapter 13 Plan)

Committee Note

National Instructions Permitting Alterations to Certain Official Forms

At its September 2017 meeting, in accordance to pending Rule 9009, the Judicial Conference’s Advisory Committee on Bankruptcy Rules approved national instructions that would permit certain alterations to Official Forms 103A, 103B, 309A-I, 312, 313, 314, 315, 318, and 420A. Links to the new national instructions, which are on track to go into effect on December 1, 2017 along with the pending amendments to Rule 9009, and a summary of the permitted alterations allowed by those instructions follows. Learn more about the Permitted Changes to Official Bankruptcy Forms.

Official Form Alteration Permitted by National Instructions
103A (Application for Individuals to Pay the Filing Fee in Installments), Instructions "This form includes a proposed order for use by the court in considering the application. The court may modify the form of the order or use its own version of the order." Instructions – Bankruptcy Forms for Individuals, page 37.
103B (Application to Have the Chapter 7 Filing Fee Waived), Instructions "This form includes a proposed order for use by the court in considering the application. The court may modify the form of the order or use its own version of the order." Instructions – Bankruptcy Forms for Individuals, page 37.
309A-I (Case Noticing Forms), Instructions "Courts, or, in the event that the noticing function has been delegated, the individual or entity providing notice, may modify this form by adding additional information."
312 (Order and Notice for Hearing on Disclosure Statement), Instructions "Alterations may be made to this form."
313 (Order Approving Disclosure Statement), Instructions "Alterations may be made to this form."
314 (Ballot for Accepting or Rejecting Plan), Instructions "Alterations may be made to this form."
315 (Order Confirming Plan), Instructions "Alterations may be made to this form."
318 (Discharge of Debtor – Chapter 7), Instructions "Alterations may be made to this form."
420A (Notice of Motion or Objection), Instructions "Alterations may be made to this form in accordance with local court rules."

 

Source: USCOURTS



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