INTERIM AMENDMENTS TO THE FEDERAL (2019)
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INTERIM AMENDMENTS TO THE FEDERAL
RULES OF BANKRUPTCY PROCEDURE1
1
Rule 1007. Lists, Schedules, Statements, and Other
2
Documents; Time Limits
3
4
5
*****
(b) SCHEDULES, STATEMENTS, AND OTHER
DOCUMENTS REQUIRED.
6
*****
7
(5) An individual debtor in a chapter 11 case
8
(unless under subchapter V) shall file a statement of
9
current monthly income, prepared as prescribed by
10
the appropriate Official Form.
11
*****
1
These interim bankruptcy rules (the Interim Rules) have been
prepared by the Advisory Committee on Bankruptcy Rules and approved
by the Judicial Conference of the United States to be adopted as local
rules by the Bankruptcy Courts to implement the procedural and
substantive changes to the Bankruptcy Code made by the Small Business
Reorganization Act of 2019. The Interim Rules will be withdrawn after
similar amendments can made to the Rules of Bankruptcy Procedure
under the normal Rules Enabling Act process.
2
INTERIM RULES OF BANKRUPTCY PROCEDURE
12
(h) INTERESTS ACQUIRED OR ARISING
13
AFTER PETITION. If, as provided by § 541(a)(5) of the
14
Code, the debtor acquires or becomes entitled to acquire any
15
interest in property, the debtor shall within 14 days after the
16
information comes to the debtor’s knowledge or within such
17
further time the court may allow, file a supplemental
18
schedule in the chapter 7 liquidation case, chapter 11
19
reorganization case, chapter 12 family farmer’s debt
20
adjustment case, or chapter 13 individual debt adjustment
21
case. If any of the property required to be reported under
22
this subdivision is claimed by the debtor as exempt, the
23
debtor shall claim the exemptions in the supplemental
24
schedule.
25
continues even after the case is closed, except for property
26
acquired after an order is entered:
This duty to file a supplemental schedule
27
(1) confirming a chapter 11 plan (other than one
28
confirmed under § 1191(b)); or
INTERIM RULES OF BANKRUPTCY PROCEDURE
3
29
(2) discharging the debtor in a chapter 12 case, a
30
chapter 13 case, or a case under subchapter V of
31
chapter 11 in which the plan is confirmed under
32
§ 1191(b).
33
*****
4
INTERIM RULES OF BANKRUPTCY PROCEDURE
1
Rule 1020. Chapter 11 Reorganization Case for Small
2
Business Debtors
3
(a)
SMALL
BUSINESS
DEBTOR
4
DESIGNATION. In a voluntary chapter 11 case, the debtor
5
shall state in the petition whether the debtor is a small
6
business debtor and, if so, whether the debtor elects to have
7
subchapter V of chapter 11 apply. In an involuntary chapter
8
11 case, the debtor shall file within 14 days after entry of the
9
order for relief a statement as to whether the debtor is a small
10
business debtor and, if so, whether the debtor elects to have
11
subchapter V of chapter 11 apply. The status of the case as
12
a small business case or a case under subchapter V of chapter
13
11 shall be in accordance with the debtor’s statement under
14
this subdivision, unless and until the court enters an order
15
finding that the debtor’s statement is incorrect.
16
(b) OBJECTING TO DESIGNATION. The United
17
States trustee or a party in interest may file an objection to
18
the debtor’s statement under subdivision (a) no later than 30
INTERIM RULES OF BANKRUPTCY PROCEDURE
5
19
days after the conclusion of the meeting of creditors held
20
under § 341(a) of the Code, or within 30 days after any
21
amendment to the statement, whichever is later.
22
(c)
PROCEDURE
FOR
OBJECTION
OR
23
DETERMINATION. Any objection or request for a
24
determination under this rule shall be governed by Rule 9014
25
and served on: the debtor; the debtor’s attorney; the United
26
States trustee; the trustee; the creditors included on the list
27
filed under Rule 1007(d) or, if a committee has been
28
appointed under § 1102(a)(3), the committee or its
29
authorized agent and any other entity as the court directs.
6
INTERIM RULES OF BANKRUPTCY PROCEDURE
1
Rule
2009.
2
Administration Ordered
3
(a)
Trustees
for
Estates
When
Joint
ELECTION OF SINGLE TRUSTEE FOR
4
ESTATES BEING JOINTLY ADMINISTERED. If the
5
court orders a joint administration of two or more estates
6
under Rule 1015(b), creditors may elect a single trustee for
7
the estates being jointly administered, unless the case is
8
under subchapter V of chapter 7 or subchapter V of chapter
9
11 of the Code.
10
(b)
RIGHT OF CREDITORS TO ELECT
11
SEPARATE TRUSTEE. Notwithstanding entry of an order
12
for joint administration under Rule 1015(b), the creditors of
13
any debtor may elect a separate trustee for the estate of the
14
debtor as provided in § 702 of the Code, unless the case is
15
under subchapter V of chapter 7 or subchapter V of chapter
16
11.
17
18
(c)
APPOINTMENT OF TRUSTEES FOR
ESTATES BEING JOINTLY ADMINISTERED.
INTERIM RULES OF BANKRUPTCY PROCEDURE
19
7
*****
20
(2) Chapter 11 Reorganization Cases. If the
21
appointment of a trustee is ordered or is required by
22
the Code, the United States trustee may appoint one
23
or
24
administered in chapter 11 cases.
25
more
trustees
for
*****
estates
being
jointly
8
INTERIM RULES OF BANKRUPTCY PROCEDURE
1
Rule 2012. Substitution of Trustee or Successor
2
Trustee; Accounting
3
(a) TRUSTEE. If a trustee is appointed in a chapter
4
11 case (other than under subchapter V), or the debtor is
5
removed as debtor in possession in a chapter 12 case or in a
6
case under subchapter V of chapter 11, the trustee is
7
substituted automatically for the debtor in possession as a
8
party in any pending action, proceeding, or matter.
9
*****
INTERIM RULES OF BANKRUPTCY PROCEDURE
9
1
Rule 2015. Duty to Keep Records, Make Reports, and
2
Give Notice of Case or Change of Status
3
4
(a) TRUSTEE OR DEBTOR IN POSSESSION. A
trustee or debtor in possession shall:
5
(1) in a chapter 7 liquidation case and, if the
6
court directs, in a chapter 11 reorganization case
7
(other than under subchapter V), file and transmit to
8
the United States trustee a complete inventory of the
9
property of the debtor within 30 days after qualifying
10
as a trustee or debtor in possession, unless such an
11
inventory has already been filed;
12
13
(2) keep a record of receipts and the
disposition of money and property received;
14
(3) file the reports and summaries required by
15
§ 704(a)(8) of the Code, which shall include a
16
statement, if payments are made to employees, of the
17
amounts of deductions for all taxes required to be
10
INTERIM RULES OF BANKRUPTCY PROCEDURE
18
withheld or paid for and in behalf of employees and
19
the place where these amounts are deposited;
20
(4)
as
soon
as
possible
after
the
21
commencement of the case, give notice of the case to
22
every entity known to be holding money or property
23
subject to withdrawal or order of the debtor,
24
including every bank, savings or building and loan
25
association, public utility company, and landlord
26
with whom the debtor has a deposit, and to every
27
insurance company which has issued a policy having
28
a cash surrender value payable to the debtor, except
29
that notice need not be given to any entity who has
30
knowledge or has previously been notified of the
31
case;
32
(5) in a chapter 11 reorganization case (other
33
than under subchapter V), on or before the last day
34
of the month after each calendar quarter during
35
which there is a duty to pay fees under 28 U.S.C.
INTERIM RULES OF BANKRUPTCY PROCEDURE
11
36
§ 1930(a)(6), file and transmit to the United States
37
trustee a statement of any disbursements made
38
during that quarter and of any fees payable under 28
39
U.S.C. § 1930(a)(6) for that quarter; and
40
(6) in a chapter 11 small business case, unless
41
the court, for cause, sets another reporting interval,
42
file and transmit to the United States trustee for each
43
calendar month after the order for relief, on the
44
appropriate Official Form, the report required by
45
§ 308. If the order for relief is within the first 15 days
46
of a calendar month, a report shall be filed for the
47
portion of the month that follows the order for relief.
48
If the order for relief is after the 15th day of a
49
calendar month, the period for the remainder of the
50
month shall be included in the report for the next
51
calendar month. Each report shall be filed no later
52
than 21 days after the last day of the calendar month
53
following the month covered by the report. The
12
INTERIM RULES OF BANKRUPTCY PROCEDURE
54
obligation to file reports under this subparagraph
55
terminates on the effective date of the plan, or
56
conversion or dismissal of the case.
57
(b) TRUSTEE, DEBTOR IN POSSESSION, AND
58
DEBTOR IN A CASE UNDER SUBCHAPTER V OF
59
CHAPTER 11. In a case under subchapter V of chapter 11,
60
the debtor in possession shall perform the duties prescribed
61
in (a)(2)–(4) and, if the court directs, shall file and transmit
62
to the United States trustee a complete inventory of the
63
debtor’s property within the time fixed by the court. If the
64
debtor is removed as debtor in possession, the trustee shall
65
perform the duties of the debtor in possession prescribed in
66
this subdivision (b). The debtor shall perform the duties
67
prescribed in (a)(6).
68
(c) CHAPTER 12 TRUSTEE AND DEBTOR IN
69
POSSESSION.
In a chapter 12 family farmer’s debt
70
adjustment case, the debtor in possession shall perform the
71
duties prescribed in clauses (2)–(4) of subdivision (a) of this
INTERIM RULES OF BANKRUPTCY PROCEDURE
13
72
rule and, if the court directs, shall file and transmit to the
73
United States trustee a complete inventory of the property of
74
the debtor within the time fixed by the court. If the debtor is
75
removed as debtor in possession, the trustee shall perform
76
the duties of the debtor in possession prescribed in this
77
subdivision (c).
78
79
(d)
CHAPTER 13 TRUSTEE AND
DEBTOR.
80
(1) Business Cases. In a chapter 13
81
individual’s debt adjustment case, when the debtor is
82
engaged in business, the debtor shall perform the
83
duties prescribed by clauses (2)–(4) of subdivision
84
(a) of this rule and, if the court directs, shall file and
85
transmit to the United States trustee a complete
86
inventory of the property of the debtor within the
87
time fixed by the court.
88
(2) Nonbusiness Cases. In a chapter 13
89
individual’s debt adjustment case, when the debtor is
14
INTERIM RULES OF BANKRUPTCY PROCEDURE
90
not engaged in business, the trustee shall perform the
91
duties prescribed by clause (2) of subdivision (a) of
92
this rule.
93
(e) FOREIGN REPRESENTATIVE. In a case in
94
which the court has granted recognition of a foreign
95
proceeding under chapter 15, the foreign representative shall
96
file any notice required under § 1518 of the Code within 14
97
days after the date when the representative becomes aware
98
of the subsequent information.
99
(f) TRANSMISSION OF REPORTS. In a chapter
100
11 case the court may direct that copies or summaries of
101
annual reports and copies or summaries of other reports shall
102
be mailed to the creditors, equity security holders, and
103
indenture trustees. The court may also direct the publication
104
of summaries of any such reports. A copy of every report or
105
summary mailed or published pursuant to this subdivision
106
shall be transmitted to the United States trustee.
INTERIM RULES OF BANKRUPTCY PROCEDURE
15
1
Rule 3010. Small Dividends and Payments in Cases
2
Under Chapter 7, Subchapter V of Chapter 11, Chapter
3
12, and Chapter 13
4
*****
5
(b) CASES UNDER SUBCHAPTER V OF
6
CHAPTER 11, CHAPTER 12, AND CHAPTER 13. In a
7
case under subchapter V of chapter 11, chapter 12, or chapter
8
13, no payment in an amount less than $15 shall be
9
distributed by the trustee to any creditor unless authorized
10
by local rule or order of the court. Funds not distributed
11
because of this subdivision shall accumulate and shall be
12
paid whenever the accumulation aggregates $15. Any funds
13
remaining shall be distributed with the final payment.
16
INTERIM RULES OF BANKRUPTCY PROCEDURE
1
Rule 3011. Unclaimed Funds in Cases Under Chapter 7,
2
Subchapter V of Chapter 11, Chapter 12, and Chapter
3
13
4
The trustee shall file a list of all known names and
5
addresses of the entities and the amounts which they are
6
entitled to be paid from remaining property of the estate that
7
is paid into court pursuant to § 347(a) of the Code.
INTERIM RULES OF BANKRUPTCY PROCEDURE
17
1
Rule 3014.
Election Under § 1111(b) by Secured
2
Creditor in Chapter 9 Municipality or Chapter 11
3
Reorganization Case
4
An election of application of § 1111(b)(2) of the
5
Code by a class of secured creditors in a chapter 9 or 11 case
6
may be made at any time prior to the conclusion of the
7
hearing on the disclosure statement or within such later time
8
as the court may fix.
9
conditionally approved pursuant to Rule 3017.1, and a final
10
hearing on the disclosure statement is not held, the election
11
of application of § 1111(b)(2) may be made not later than the
12
date fixed pursuant to Rule 3017.1(a)(2) or another date the
13
court may fix. In a case under subchapter V of chapter 11 in
14
which § 1125 of the Code does not apply, the election may
15
be made not later than a date the court may fix. The election
16
shall be in writing and signed unless made at the hearing on
17
the disclosure statement. The election, if made by the
If the disclosure statement is
18
INTERIM RULES OF BANKRUPTCY PROCEDURE
18
majorities required by § 1111(b)(1)(A)(i), shall be binding
19
on all members of the class with respect to the plan.
INTERIM RULES OF BANKRUPTCY PROCEDURE
19
1
Rule 3016. Filing of Plan and Disclosure Statement in a
2
Chapter 9 Municipality or Chapter 11 Reorganization
3
Case
4
(a) IDENTIFICATION OF PLAN. Every proposed
5
plan and any modification thereof shall be dated and, in a
6
chapter 11 case, identified with the name of the entity or
7
entities submitting or filing it.
8
(b) DISCLOSURE STATEMENT. In a chapter 9 or
9
11 case, a disclosure statement, if required under § 1125 of
10
the Code, or evidence showing compliance with § 1126(b)
11
shall be filed with the plan or within a time fixed by the
12
court, unless the plan is intended to provide adequate
13
information under § 1125(f)(1). If the plan is intended to
14
provide adequate information under § 1125(f)(1), it shall be
15
so designated, and Rule 3017.1 shall apply as if the plan is a
16
disclosure statement.
17
*****
20
INTERIM RULES OF BANKRUPTCY PROCEDURE
18
(d) STANDARD FORM SMALL BUSINESS
19
DISCLOSURE STATEMENT AND PLAN. In a small
20
business case or a case under subchapter V of chapter 11, the
21
court may approve a disclosure statement and may confirm
22
a plan that conform substantially to the appropriate Official
23
Forms or other standard forms approved by the court.
INTERIM RULES OF BANKRUPTCY PROCEDURE
1
Rule
2
Statement in a Small Business Case or in a Case Under
3
Subchapter V of Chapter 11
4
3017.1.
(a)
Court
Consideration
CONDITIONAL
of
21
Disclosure
APPROVAL
OF
5
DISCLOSURE STATEMENT. In a small business case or
6
in a case under subchapter V of chapter 11 in which the court
7
has ordered that § 1125 applies, the court may, on
8
application of the plan proponent or on its own initiative,
9
conditionally approve a disclosure statement filed in
10
accordance with Rule 3016. On or before conditional
11
approval of the disclosure statement, the court shall:
12
(1) fix a time within which the holders of claims and
13
interests may accept or reject the plan;
14
(2) fix a time for filing objections to the disclosure
15
statement;
16
(3) fix a date for the hearing on final approval of the
17
disclosure statement to be held if a timely objection
18
is filed; and
22
INTERIM RULES OF BANKRUPTCY PROCEDURE
19
(4) fix a date for the hearing on confirmation.
20
*****
INTERIM RULES OF BANKRUPTCY PROCEDURE
23
1
Rule 3017.2. Fixing of Dates by the Court in Subchapter
2
V Cases in Which There Is No Disclosure Statement
3
4
In a case under subchapter V of chapter 11 in which
§ 1125 does not apply, the court shall:
5
(a)
fix a time within which the holders of claims
6
and interests may accept or reject the plan;
7
(b)
8
or creditor whose claim is based on a security must
9
be the holder of record of the security in order to be
10
eligible to accept or reject the plan;
11
(c)
fix a date for the hearing on confirmation; and
12
(d)
fix a date for transmission of the plan, notice
13
of the time within which the holders of claims and
14
interests may accept or reject the plan, and notice of
15
the date for the hearing on confirmation.
fix a date on which an equity security holder
24
INTERIM RULES OF BANKRUPTCY PROCEDURE
1
Rule 3018. Acceptance or Rejection of Plan in a Chapter
2
9 Municipality or a Chapter 11 Reorganization Case
3
(a)
ENTITIES ENTITLED TO ACCEPT OR
4
REJECT
5
REJECTION. A plan may be accepted or rejected in
6
accordance with § 1126 of the Code within the time fixed by
7
the court pursuant to Rule 3017, 3017.1, or 3017.2. Subject
8
to subdivision (b) of this rule, an equity security holder or
9
creditor whose claim is based on a security of record shall
10
not be entitled to accept or reject a plan unless the equity
11
security holder or creditor is the holder of record of the
12
security on the date the order approving the disclosure
13
statement is entered or on another date fixed by the court
14
under Rule 3017.2, or fixed for cause after notice and a
15
hearing. For cause shown, the court after notice and hearing
16
may permit a creditor or equity security holder to change or
17
withdraw an acceptance or rejection. Notwithstanding
18
objection to a claim or interest, the court after notice and
PLAN;
TIME
FOR
ACCEPTANCE
OR
INTERIM RULES OF BANKRUPTCY PROCEDURE
25
19
hearing may temporarily allow the claim or interest in an
20
amount which the court deems proper for the purpose of
21
accepting or rejecting a plan.
22
*****
26
INTERIM RULES OF BANKRUPTCY PROCEDURE
1
Rule 3019. Modification of Accepted Plan in a Chapter
2
9 Municipality or a Chapter 11 Reorganization Case
3
4
*****
(b)
MODIFICATION
OF
PLAN
AFTER
5
CONFIRMATION IN INDIVIDUAL DEBTOR CASE. If
6
the debtor is an individual, a request to modify the plan under
7
§ 1127(e) of the Code is governed by Rule 9014. The request
8
shall identify the proponent and shall be filed together with
9
the proposed modification. The clerk, or some other person
10
as the court may direct, shall give the debtor, the trustee, and
11
all creditors not less than 21 days’ notice by mail of the time
12
fixed to file objections and, if an objection is filed, the
13
hearing to consider the proposed modification, unless the
14
court orders otherwise with respect to creditors who are not
15
affected by the proposed modification. A copy of the notice
16
shall be transmitted to the United States trustee, together
17
with a copy of the proposed modification. Any objection to
18
the proposed modification shall be filed and served on the
INTERIM RULES OF BANKRUPTCY PROCEDURE
27
19
debtor, the proponent of the modification, the trustee, and
20
any other entity designated by the court, and shall be
21
transmitted to the United States trustee.
22
(c)
MODIFICATION
OF
PLAN
AFTER
23
CONFIRMATION IN A SUBCHAPTER V CASE. In a
24
case under subchapter V of chapter 11, a request to modify
25
the plan under § 1193(b) or (c) of the Code is governed by
26
Rule 9014, and the provisions of this Rule 3019(b) apply.
Fill in this information to identify your case:
United States Bankruptcy Court for the:
__________ District of
__________
________________
District
of ________
Case number (If known): _________________________ Chapter you are filing under:
Chapter 7
Chapter 11
Chapter 12
Chapter 13
Check if this is an
amended filing
Official Form 101
Voluntary Petition for Individuals Filing for Bankruptcy
02/20
The bankruptcy forms use you and Debtor 1 to refer to a debtor filing alone. A married couple may file a bankruptcy case together—called a
joint case—and in joint cases, these forms use you to ask for information from both debtors. For example, if a form asks, “Do you own a car,”
the answer would be yes if either debtor owns a car. When information is needed about the spouses separately, the form uses Debtor 1 and
Debtor 2 to distinguish between them. In joint cases, one of the spouses must report information as Debtor 1 and the other as Debtor 2. The
same person must be Debtor 1 in all of the forms.
Be as complete and accurate as possible. If two married people are filing together, both are equally responsible for supplying correct
information. If more space is needed, attach a separate sheet to this form. On the top of any additional pages, write your name and case number
(if known). Answer every question.
Part 1:
1.
Identify Yourself
Bring your picture
identification to your meeting
with the trustee.
All other names you
have used in the last 8
years
Include your married or
maiden names.
3.
About Debtor 2 (Spouse Only in a Joint Case):
__________________________________________________
First name
__________________________________________________
First name
__________________________________________________
Middle name
__________________________________________________
Middle name
__________________________________________________
Last name
__________________________________________________
Last name
___________________________
Suffix (Sr., Jr., II, III)
___________________________
Suffix (Sr., Jr., II, III)
__________________________________________________
First name
__________________________________________________
First name
__________________________________________________
Middle name
__________________________________________________
Middle name
__________________________________________________
Last name
__________________________________________________
Last name
__________________________________________________
First name
__________________________________________________
First name
__________________________________________________
Middle name
__________________________________________________
Middle name
__________________________________________________
Last name
__________________________________________________
Last name
Your full name
Write the name that is on your
government-issued picture
identification (for example,
your driver’s license or
passport).
2.
About Debtor 1:
Only the last 4 digits of
your Social Security
number or federal
Individual Taxpayer
Identification number
(ITIN)
Official Form 101
xxx
– xx – ____ ____ ____ ____
xxx
– xx – ____ ____ ____ ____
OR
OR
9 xx – xx – ____ ____ ____ ____
9 xx – xx – ____ ____ ____ ____
Voluntary Petition for Individuals Filing for Bankruptcy
page 1
Debtor 1
_______________________________________________________
First Name
4.
Middle Name
Any business names
and Employer
Identification Numbers
(EIN) you have used in
the last 8 years
Include trade names and
doing business as names
5.
6.
About Debtor 1:
About Debtor 2 (Spouse Only in a Joint Case):
I have not used any business names or EINs.
I have not used any business names or EINs.
_________________________________________________
Business name
_________________________________________________
Business name
_________________________________________________
Business name
_________________________________________________
Business name
___ ___ – ___ ___ ___ ___ ___ ___ ___
EIN
___ ___ – ___ ___ ___ ___ ___ ___ ___
EIN
___ ___ – ___ ___ ___ ___ ___ ___ ___
EIN
___ ___ – ___ ___ ___ ___ ___ ___ ___
EIN
If Debtor 2 lives at a different address:
Where you live
Why you are choosing
this district to file for
bankruptcy
_________________________________________________
Number
Street
_________________________________________________
Number
Street
_________________________________________________
_________________________________________________
_________________________________________________
City
State
ZIP Code
_________________________________________________
City
State
ZIP Code
_________________________________________________
County
_________________________________________________
County
If your mailing address is different from the one
above, fill it in here. Note that the court will send
any notices to you at this mailing address.
If Debtor 2’s mailing address is different from
yours, fill it in here. Note that the court will send
any notices to this mailing address.
_________________________________________________
Number
Street
_________________________________________________
Number
Street
_________________________________________________
P.O. Box
_________________________________________________
P.O. Box
_________________________________________________
City
State
ZIP Code
_________________________________________________
City
State
ZIP Code
Check one:
Check one:
Over the last 180 days before filing this petition,
Over the last 180 days before filing this petition,
I have lived in this district longer than in any
other district.
I have lived in this district longer than in any
other district.
I have another reason. Explain.
Official Form 101
Case number (if known)_____________________________________
Last Name
I have another reason. Explain.
(See 28 U.S.C. § 1408.)
(See 28 U.S.C. § 1408.)
________________________________________
________________________________________
________________________________________
________________________________________
________________________________________
________________________________________
________________________________________
________________________________________
Voluntary Petition for Individuals Filing for Bankruptcy
page 2
Debtor 1
_______________________________________________________
First Name
Part 2:
7.
Middle Name
Case number (if known)_____________________________________
Last Name
Tell the Court About Your Bankruptcy Case
The chapter of the
Bankruptcy Code you
are choosing to file
under
Check one. (For a brief description of each, see Notice Required by 11 U.S.C. § 342(b) for Individuals Filing
for Bankruptcy (Form 2010)). Also, go to the top of page 1 and check the appropriate box.
Chapter 7
Chapter 11
Chapter 12
Chapter 13
8.
How you will pay the fee
I will pay the entire fee when I file my petition. Please check with the clerk’s office in your
local court for more details about how you may pay. Typically, if you are paying the fee
yourself, you may pay with cash, cashier’s check, or money order. If your attorney is
submitting your payment on your behalf, your attorney may pay with a credit card or check
with a pre-printed address.
I need to pay the fee in installments. If you choose this option, sign and attach the
Application for Individuals to Pay The Filing Fee in Installments (Official Form 103A).
I request that my fee be waived (You may request this option only if you are filing for Chapter 7.
By law, a judge may, but is not required to, waive your fee, and may do so only if your income is
less than 150% of the official poverty line that applies to your family size and you are unable to
pay the fee in installments). If you choose this option, you must fill out the Application to Have the
Chapter 7 Filing Fee Waived (Official Form 103B) and file it with your petition.
9.
Have you filed for
bankruptcy within the
last 8 years?
10. Are any bankruptcy
cases pending or being
filed by a spouse who is
not filing this case with
you, or by a business
partner, or by an
affiliate?
No
Yes. District __________________________ When
_______________ Case number ___________________________
MM / DD / YYYY
District __________________________ When
_______________ Case number ___________________________
MM / DD / YYYY
District __________________________ When
_______________ Case number ___________________________
MM / DD / YYYY
No
Yes. Debtor _________________________________________________ Relationship to you
District __________________________ When
_______________ Case number, if known____________________
MM / DD / YYYY
Debtor _________________________________________________ Relationship to you
District __________________________ When
11. Do you rent your
residence?
_____________________
_____________________
_______________ Case number, if known____________________
MM / DD / YYYY
No. Go to line 12.
Yes. Has your landlord obtained an eviction judgment against you?
No. Go to line 12.
Yes. Fill out Initial Statement About an Eviction Judgment Against You (Form 101A) and file it as
part of this bankruptcy petition.
Official Form 101
Voluntary Petition for Individuals Filing for Bankruptcy
page 3
Debtor 1
_______________________________________________________
First Name
Part 3:
Middle Name
Case number (if known)_____________________________________
Last Name
Report About Any Businesses You Own as a Sole Proprietor
12. Are you a sole proprietor
of any full- or part-time
business?
A sole proprietorship is a
business you operate as an
individual, and is not a
separate legal entity such as
a corporation, partnership, or
LLC.
If you have more than one
sole proprietorship, use a
separate sheet and attach it
to this petition.
No. Go to Part 4.
Yes. Name and location of business
_______________________________________________________________________________________
Name of business, if any
_______________________________________________________________________________________
Number
Street
_______________________________________________________________________________________
_______________________________________________
City
_______
State
__________________________
ZIP Code
Check the appropriate box to describe your business:
Health Care Business (as defined in 11 U.S.C. § 101(27A))
Single Asset Real Estate (as defined in 11 U.S.C. § 101(51B))
Stockbroker (as defined in 11 U.S.C. § 101(53A))
Commodity Broker (as defined in 11 U.S.C. § 101(6))
None of the above
13. Are you filing under
Chapter 11 of the
Bankruptcy Code and
are you a small business
debtor?
For a definition of small
business debtor, see
11 U.S.C. § 101(51D).
If you are filing under Chapter 11, the court must know whether you are a small business debtor so that it
can set appropriate deadlines. If you indicate that you are a small business debtor, you must attach your
most recent balance sheet, statement of operations, cash-flow statement, and federal income tax return or if
any of these documents do not exist, follow the procedure in 11 U.S.C. § 1116(1)(B).
No. I am not filing under Chapter 11.
No. I am filing under Chapter 11, but I am NOT a small business debtor according to the definition in
the Bankruptcy Code.
Yes. I am filing under Chapter 11, I am a small business debtor according to the definition in the Bankruptcy
Code, and I do not choose to proceed under Subchapter V of Chapter 11.
Yes. I am filing under Chapter 11, I am a small business debtor according to the definition in the
Bankruptcy Code, and I choose to proceed under Subchapter V of Chapter 11.
Part 4:
Report if You Own or Have Any Hazardous Property or Any Property That Needs Immediate Attention
14. Do you own or have any
property that poses or is
alleged to pose a threat
of imminent and
identifiable hazard to
public health or safety?
Or do you own any
property that needs
immediate attention?
For example, do you own
perishable goods, or livestock
that must be fed, or a building
that needs urgent repairs?
No
Yes. What is the hazard?
________________________________________________________________________
________________________________________________________________________
If immediate attention is needed, why is it needed? _______________________________________________
________________________________________________________________________
Where is the property? ________________________________________________________________________
Number
Street
________________________________________________________________________
________________________________________ _______
City
State
Official Form 101
Voluntary Petition for Individuals Filing for Bankruptcy
____________________
ZIP Code
page 4
Debtor 1
_______________________________________________________
First Name
Part 5:
Middle Name
Case number (if known)_____________________________________
Last Name
Explain Your Efforts to Receive a Briefing About Credit Counseling
15. Tell the court whether
you have received a
briefing about credit
counseling.
The law requires that you
receive a briefing about credit
counseling before you file for
bankruptcy. You must
truthfully check one of the
following choices. If you
cannot do so, you are not
eligible to file.
If you file anyway, the court
can dismiss your case, you
will lose whatever filing fee
you paid, and your creditors
can begin collection activities
again.
About Debtor 1:
About Debtor 2 (Spouse Only in a Joint Case):
You must check one:
You must check one:
I received a briefing from an approved credit
I received a briefing from an approved credit
counseling agency within the 180 days before I
filed this bankruptcy petition, and I received a
certificate of completion.
counseling agency within the 180 days before I
filed this bankruptcy petition, and I received a
certificate of completion.
Attach a copy of the certificate and the payment
plan, if any, that you developed with the agency.
Attach a copy of the certificate and the payment
plan, if any, that you developed with the agency.
I received a briefing from an approved credit
I received a briefing from an approved credit
counseling agency within the 180 days before I
filed this bankruptcy petition, but I do not have a
certificate of completion.
counseling agency within the 180 days before I
filed this bankruptcy petition, but I do not have a
certificate of completion.
Within 14 days after you file this bankruptcy petition,
you MUST file a copy of the certificate and payment
plan, if any.
Within 14 days after you file this bankruptcy petition,
you MUST file a copy of the certificate and payment
plan, if any.
I certify that I asked for credit counseling
services from an approved agency, but was
unable to obtain those services during the 7
days after I made my request, and exigent
circumstances merit a 30-day temporary waiver
of the requirement.
To ask for a 30-day temporary waiver of the
requirement, attach a separate sheet explaining
what efforts you made to obtain the briefing, why
you were unable to obtain it before you filed for
bankruptcy, and what exigent circumstances
required you to file this case.
To ask for a 30-day temporary waiver of the
requirement, attach a separate sheet explaining
what efforts you made to obtain the briefing, why
you were unable to obtain it before you filed for
bankruptcy, and what exigent circumstances
required you to file this case.
Your case may be dismissed if the court is
dissatisfied with your reasons for not receiving a
briefing before you filed for bankruptcy.
If the court is satisfied with your reasons, you must
still receive a briefing within 30 days after you file.
You must file a certificate from the approved
agency, along with a copy of the payment plan you
developed, if any. If you do not do so, your case
may be dismissed.
Any extension of the 30-day deadline is granted
only for cause and is limited to a maximum of 15
days.
Your case may be dismissed if the court is
dissatisfied with your reasons for not receiving a
briefing before you filed for bankruptcy.
If the court is satisfied with your reasons, you must
still receive a briefing within 30 days after you file.
You must file a certificate from the approved
agency, along with a copy of the payment plan you
developed, if any. If you do not do so, your case
may be dismissed.
Any extension of the 30-day deadline is granted
only for cause and is limited to a maximum of 15
days.
I am not required to receive a briefing about
I am not required to receive a briefing about
credit counseling because of:
credit counseling because of:
Incapacity.
Incapacity.
Disability.
I have a mental illness or a mental
deficiency that makes me
incapable of realizing or making
rational decisions about finances.
My physical disability causes me
to be unable to participate in a
briefing in person, by phone, or
through the internet, even after I
reasonably tried to do so.
Disability.
I have a mental illness or a mental
deficiency that makes me
incapable of realizing or making
rational decisions about finances.
My physical disability causes me
to be unable to participate in a
briefing in person, by phone, or
through the internet, even after I
reasonably tried to do so.
Active duty. I am currently on active military
Active duty. I am currently on active military
duty in a military combat zone.
duty in a military combat zone.
If you believe you are not required to receive a
briefing about credit counseling, you must file a
motion for waiver of credit counseling with the court.
Official Form 101
I certify that I asked for credit counseling
services from an approved agency, but was
unable to obtain those services during the 7
days after I made my request, and exigent
circumstances merit a 30-day temporary waiver
of the requirement.
If you believe you are not required to receive a
briefing about credit counseling, you must file a
motion for waiver of credit counseling with the court.
Voluntary Petition for Individuals Filing for Bankruptcy
page 5
Debtor 1
_______________________________________________________
First Name
Part 6:
Middle Name
Case number (if known)_____________________________________
Last Name
Answer These Questions for Reporting Purposes
16. What kind of debts do
you have?
16a. Are your debts primarily consumer debts? Consumer debts are defined in 11 U.S.C. § 101(8)
as “incurred by an individual primarily for a personal, family, or household purpose.”
No. Go to line 16b.
Yes. Go to line 17.
16b. Are your debts primarily business debts? Business debts are debts that you incurred to obtain
money for a business or investment or through the operation of the business or investment.
No. Go to line 16c.
Yes. Go to line 17.
16c. State the type of debts you owe that are not consumer debts or business debts.
_______________________________________________________________
17. Are you filing under
Chapter 7?
Do you estimate that after
any exempt property is
excluded and
administrative expenses
are paid that funds will be
available for distribution
to unsecured creditors?
18. How many creditors do
you estimate that you
owe?
19. How much do you
estimate your assets to
be worth?
20. How much do you
estimate your liabilities
to be?
Part 7:
No. I am not filing under Chapter 7. Go to line 18.
Yes. I am filing under Chapter 7. Do you estimate that after any exempt property is excluded and
administrative expenses are paid that funds will be available to distribute to unsecured creditors?
No
Yes
1-49
50-99
100-199
200-999
1,000-5,000
5,001-10,000
10,001-25,000
25,001-50,000
50,001-100,000
More than 100,000
$0-$50,000
$50,001-$100,000
$100,001-$500,000
$500,001-$1 million
$1,000,001-$10 million
$10,000,001-$50 million
$50,000,001-$100 million
$100,000,001-$500 million
$500,000,001-$1 billion
$1,000,000,001-$10 billion
$10,000,000,001-$50 billion
More than $50 billion
$0-$50,000
$50,001-$100,000
$100,001-$500,000
$500,001-$1 million
$1,000,001-$10 million
$10,000,001-$50 million
$50,000,001-$100 million
$100,000,001-$500 million
$500,000,001-$1 billion
$1,000,000,001-$10 billion
$10,000,000,001-$50 billion
More than $50 billion
Sign Below
For you
I have examined this petition, and I declare under penalty of perjury that the information provided is true and
correct.
If I have chosen to file under Chapter 7, I am aware that I may proceed, if eligible, under Chapter 7, 11,12, or 13
of title 11, United States Code. I understand the relief available under each chapter, and I choose to proceed
under Chapter 7.
If no attorney represents me and I did not pay or agree to pay someone who is not an attorney to help me fill out
this document, I have obtained and read the notice required by 11 U.S.C. § 342(b).
I request relief in accordance with the chapter of title 11, United States Code, specified in this petition.
I understand making a false statement, concealing property, or obtaining money or property by fraud in connection
with a bankruptcy case can result in fines up to $250,000, or imprisonment for up to 20 years, or both.
18 U.S.C. §§ 152, 1341, 1519, and 3571.
______________________________________________
Signature of Debtor 1
Executed on _________________
MM
Official Form 101
/ DD
_____________________________
Signature of Debtor 2
Executed on __________________
/ YYYY
Voluntary Petition for Individuals Filing for Bankruptcy
MM / DD
/ YYYY
page 6
Debtor 1
_______________________________________________________
First Name
Middle Name
For your attorney, if you are
represented by one
If you are not represented
by an attorney, you do not
need to file this page.
Case number (if known)_____________________________________
Last Name
I, the attorney for the debtor(s) named in this petition, declare that I have informed the debtor(s) about eligibility
to proceed under Chapter 7, 11, 12, or 13 of title 11, United States Code, and have explained the relief
available under each chapter for which the person is eligible. I also certify that I have delivered to the debtor(s)
the notice required by 11 U.S.C. § 342(b) and, in a case in which § 707(b)(4)(D) applies, certify that I have no
knowledge after an inquiry that the information in the schedules filed with the petition is incorrect.
_________________________________
Date
Signature of Attorney for Debtor
_________________
MM
/
DD / YYYY
_________________________________________________________________________________________________
Printed name
_________________________________________________________________________________________________
Firm name
_________________________________________________________________________________________________
Number Street
_________________________________________________________________________________________________
______________________________________________________ ____________ ______________________________
City
State
ZIP Code
Contact phone _____________________________________
Email address
______________________________
______________________________________________________ ____________
Bar number
State
Official Form 101
Voluntary Petition for Individuals Filing for Bankruptcy
page 7
Debtor 1
_______________________________________________________
First Name
Middle Name
For you if you are filing this
bankruptcy without an
attorney
If you are represented by
an attorney, you do not
need to file this page.
Case number (if known)_____________________________________
Last Name
The law allows you, as an individual, to represent yourself in bankruptcy court, but you
should understand that many people find it extremely difficult to represent
themselves successfully. Because bankruptcy has long-term financial and legal
consequences, you are strongly urged to hire a qualified attorney.
To be successful, you must correctly file and handle your bankruptcy case. The rules are very
technical, and a mistake or inaction may affect your rights. For example, your case may be
dismissed because you did not file a required document, pay a fee on time, attend a meeting or
hearing, or cooperate with the court, case trustee, U.S. trustee, bankruptcy administrator, or audit
firm if your case is selected for audit. If that happens, you could lose your right to file another
case, or you may lose protections, including the benefit of the automatic stay.
You must list all your property and debts in the schedules that you are required to file with the
court. Even if you plan to pay a particular debt outside of your bankruptcy, you must list that debt
in your schedules. If you do not list a debt, the debt may not be discharged. If you do not list
property or properly claim it as exempt, you may not be able to keep the property. The judge can
also deny you a discharge of all your debts if you do something dishonest in your bankruptcy
case, such as destroying or hiding property, falsifying records, or lying. Individual bankruptcy
cases are randomly audited to determine if debtors have been accurate, truthful, and complete.
Bankruptcy fraud is a serious crime; you could be fined and imprisoned.
If you decide to file without an attorney, the court expects you to follow the rules as if you had
hired an attorney. The court will not treat you differently because you are filing for yourself. To be
successful, you must be familiar with the United States Bankruptcy Code, the Federal Rules of
Bankruptcy Procedure, and the local rules of the court in which your case is filed. You must also
be familiar with any state exemption laws that apply.
Are you aware that filing for bankruptcy is a serious action with long-term financial and legal
consequences?
No
Yes
Are you aware that bankruptcy fraud is a serious crime and that if your bankruptcy forms are
inaccurate or incomplete, you could be fined or imprisoned?
No
Yes
Did you pay or agree to pay someone who is not an attorney to help you fill out your bankruptcy forms?
No
Yes. Name of Person_____________________________________________________________________.
Attach Bankruptcy Petition Preparer’s Notice, Declaration, and Signature (Official Form 119).
By signing here, I acknowledge that I understand the risks involved in filing without an attorney. I
have read and understood this notice, and I am aware that filing a bankruptcy case without an
attorney may cause me to lose my rights or property if I do not properly handle the case.
_______________________________________________
______________________________
Signature of Debtor 1
Signature of Debtor 2
Date
Date
_________________
MM / DD / YYYY
Contact phone ______________________________________
Contact phone
________________________________
Cell phone
Cell phone
________________________________
Email address
________________________________
_________________
MM / DD / YYYY
______________________________________
Email address ______________________________________
Official Form 101
Voluntary Petition for Individuals Filing for Bankruptcy
Save As...
Add Attachment
page 8
Reset
Fill in this information to identify the case:
United States Bankruptcy Court for the:
____________________ District of _________________
(State)
Case number (If known): _________________________ Chapter _____
Check if this is an
amended filing
Official Form 201
Voluntary Petition for Non-Individuals Filing for Bankruptcy
02/20
If more space is needed, attach a separate sheet to this form. On the top of any additional pages, write the debtor’s name and the case
number (if known). For more information, a separate document, Instructions for Bankruptcy Forms for Non-Individuals, is available.
1.
Debtor’s name
2.
All other names debtor used
in the last 8 years
Include any assumed names,
trade names, and doing business
as names
______________________________________________________________________________________________________
______________________________________________________________________________________________________
______________________________________________________________________________________________________
______________________________________________________________________________________________________
______________________________________________________________________________________________________
______________________________________________________________________________________________________
3.
Debtor’s federal Employer
Identification Number (EIN)
___ ___ – ___ ___ ___ ___ ___ ___ ___
4.
Debtor’s address
Principal place of business
Mailing address, if different from principal place
of business
______________________________________________
Number
Street
_______________________________________________
Number
Street
______________________________________________
_______________________________________________
P.O. Box
______________________________________________
City
State
ZIP Code
_______________________________________________
City
State
ZIP Code
Location of principal assets, if different from
principal place of business
______________________________________________
County
_______________________________________________
Number
Street
_______________________________________________
_______________________________________________
City
State
ZIP Code
5.
Debtor’s website (URL)
Official Form 201
____________________________________________________________________________________________________
Voluntary Petition for Non-Individuals Filing for Bankruptcy
page 1
Debtor
_______________________________________________________
Name
6.
Type of debtor
7.
Describe debtor’s business
Case number (if known)_____________________________________
Corporation (including Limited Liability Company (LLC) and Limited Liability Partnership (LLP))
Partnership (excluding LLP)
Other. Specify: __________________________________________________________________
A. Check one:
Health Care Business (as defined in 11 U.S.C. § 101(27A))
Single Asset Real Estate (as defined in 11 U.S.C. § 101(51B))
Railroad (as defined in 11 U.S.C. § 101(44))
Stockbroker (as defined in 11 U.S.C. § 101(53A))
Commodity Broker (as defined in 11 U.S.C. § 101(6))
Clearing Bank (as defined in 11 U.S.C. § 781(3))
None of the above
B. Check all that apply:
Tax-exempt entity (as described in 26 U.S.C. § 501)
Investment company, including hedge fund or pooled investment vehicle (as defined in 15 U.S.C.
§ 80a-3)
Investment advisor (as defined in 15 U.S.C. § 80b-2(a)(11))
C. NAICS (North American Industry Classification System) 4-digit code that best describes debtor. See
http://www.uscourts.gov/four-digit-national-association-naics-codes .
___ ___ ___ ___
8.
Under which chapter of the
Bankruptcy Code is the
debtor filing?
Check one:
Chapter 7
Chapter 9
Chapter 11. Check all that apply:
Debtor’s aggregate noncontingent liquidated debts (excluding debts owed to
insiders or affiliates) are less than $2,725,625 (amount subject to adjustment on
4/01/22 and every 3 years after that).
The debtor is a small business debtor as defined in 11 U.S.C. § 101(51D). If the
debtor is a small business debtor, attach the most recent balance sheet, statement
of operations, cash-flow statement, and federal income tax return or if all of these
documents do not exist, follow the procedure in 11 U.S.C. § 1116(1)(B).
The debtor is a small business debtor as defined in 11 U.S.C. § 101(51D), and it
chooses to proceed under Subchapter V of Chapter 11.
A plan is being filed with this petition.
Acceptances of the plan were solicited prepetition from one or more classes of
creditors, in accordance with 11 U.S.C. § 1126(b).
The debtor is required to file periodic reports (for example, 10K and 10Q) with the
Securities and Exchange Commission according to § 13 or 15(d) of the Securities
Exchange Act of 1934. File the Attachment to Voluntary Petition for Non-Individuals Filing
for Bankruptcy under Chapter 11 (Official Form 201A) with this form.
The debtor is a shell company as defined in the Securities Exchange Act of 1934 Rule
12b-2.
Chapter 12
9.
Were prior bankruptcy cases
filed by or against the debtor
within the last 8 years?
If more than 2 cases, attach a
separate list.
Official Form 201
No
Yes. District _______________________ When _______________ Case number _________________________
MM / DD / YYYY
District _______________________ When _______________ Case number _________________________
MM / DD / YYYY
Voluntary Petition for Non-Individuals Filing for Bankruptcy
page 2
Debtor
_______________________________________________________
Case number (if known)_____________________________________
Name
10. Are any bankruptcy cases
pending or being filed by a
business partner or an
affiliate of the debtor?
List all cases. If more than 1,
attach a separate list.
11. Why is the case filed in this
district?
No
Yes. Debtor _____________________________________________ Relationship _________________________
District _____________________________________________ When
__________________
MM / DD / YYYY
Case number, if known ________________________________
Check all that apply:
Debtor has had its domicile, principal place of business, or principal assets in this district for 180 days
immediately preceding the date of this petition or for a longer part of such 180 days than in any other
district.
A bankruptcy case concerning debtor’s affiliate, general partner, or partnership is pending in this district.
12. Does the debtor own or have
possession of any real
property or personal property
that needs immediate
attention?
No
Yes. Answer below for each property that needs immediate attention. Attach additional sheets if needed.
Why does the property need immediate attention? (Check all that apply.)
It poses or is alleged to pose a threat of imminent and identifiable hazard to public health or safety.
What is the hazard? _____________________________________________________________________
It needs to be physically secured or protected from the weather.
It includes perishable goods or assets that could quickly deteriorate or lose value without
attention (for example, livestock, seasonal goods, meat, dairy, produce, or securities-related
assets or other options).
Other _______________________________________________________________________________
Where is the property?_____________________________________________________________________
Number
Street
____________________________________________________________________
_______________________________________
City
_______ ________________
State ZIP Code
Is the property insured?
No
Yes. Insurance agency ____________________________________________________________________
Contact name
____________________________________________________________________
Phone
________________________________
Statistical and administrative information
13. Debtor’s estimation of
available funds
14. Estimated number of
creditors
Official Form 201
Check one:
Funds will be available for distribution to unsecured creditors.
After any administrative expenses are paid, no funds will be available for distribution to unsecured creditors.
1-49
50-99
100-199
200-999
1,000-5,000
5,001-10,000
10,001-25,000
Voluntary Petition for Non-Individuals Filing for Bankruptcy
25,001-50,000
50,001-100,000
More than 100,000
page 3
Debtor
_______________________________________________________
Case number (if known)_____________________________________
Name
15. Estimated assets
16. Estimated liabilities
$0-$50,000
$50,001-$100,000
$100,001-$500,000
$500,001-$1 million
$1,000,001-$10 million
$10,000,001-$50 million
$50,000,001-$100 million
$100,000,001-$500 million
$500,000,001-$1 billion
$1,000,000,001-$10 billion
$10,000,000,001-$50 billion
More than $50 billion
$0-$50,000
$50,001-$100,000
$100,001-$500,000
$500,001-$1 million
$1,000,001-$10 million
$10,000,001-$50 million
$50,000,001-$100 million
$100,000,001-$500 million
$500,000,001-$1 billion
$1,000,000,001-$10 billion
$10,000,000,001-$50 billion
More than $50 billion
Request for Relief, Declaration, and Signatures
WARNING -- Bankruptcy fraud is a serious crime. Making a false statement in connection with a bankruptcy case can result in fines up to
$500,000 or imprisonment for up to 20 years, or both. 18 U.S.C. §§ 152, 1341, 1519, and 3571.
17. Declaration and signature of
authorized representative of
debtor
The debtor requests relief in accordance with the chapter of title 11, United States Code, specified in this
petition.
I have been authorized to file this petition on behalf of the debtor.
I have examined the information in this petition and have a reasonable belief that the information is true and
correct.
I declare under penalty of perjury that the foregoing is true and correct.
Executed on _________________
MM / DD / YYYY
_____________________________________________
_______________________________________________
Signature of authorized representative of debtor
Printed name
Title _________________________________________
18. Signature of attorney
_____________________________________________
Date
Signature of attorney for debtor
_________________
MM
/ DD / YYYY
_________________________________________________________________________________________________
Printed name
_________________________________________________________________________________________________
Firm name
_________________________________________________________________________________________________
Number
Street
____________________________________________________
City
____________ ______________________________
State
ZIP Code
____________________________________
Contact phone
__________________________________________
Email address
______________________________________________________ ____________
Bar number
State
Official Form 201
Voluntary Petition for Non-Individuals Filing for Bankruptcy
page 4
Information to identify the case:
Debtor 1
Debtor 2
__________________________________________________________________
First Name
Middle Name
Last Name
EIN
________________________________________________________________
(Spouse, if filing) First Name
Middle Name
Last Name
(State)
_______________________________________
___ ___ – ___ ___ ___ ___ ___ ___ ___
Last 4 digits of Social Security number or ITIN ___ ___ ___ ___
EIN
United States Bankruptcy Court for the: ______________________ District of _________
Case number:
Last 4 digits of Social Security number or ITIN ___ ___ ___ ___
___ ___ – ___ ___ ___ ___ ___ ___ ___
[Date case filed for chapter 11
[Date case filed in chapter _____
Date case converted to chapter 11
______________
MM / DD / YYYY] OR
______________
MM / DD / YYYY
______________]
MM / DD / YYYY
Official Form 309E1 (For Individuals or Joint Debtors)
Notice of Chapter 11 Bankruptcy Case
02/20
For the debtors listed above, a case has been filed under chapter 11 of the Bankruptcy Code. An order for relief has
been entered.
This notice has important information about the case for creditors and debtors, including information about the
meeting of creditors and deadlines. Read both pages carefully.
The filing of the case imposed an automatic stay against most collection activities. This means that creditors generally may not take action to
collect debts from the debtors or the debtors’ property. For example, while the stay is in effect, creditors cannot sue, garnish wages, assert a
deficiency, repossess property, or otherwise try to collect from the debtors. Creditors cannot demand repayment from debtors by mail, phone,
or otherwise. Creditors who violate the stay can be required to pay actual and punitive damages and attorney’s fees. Under certain
circumstances, the stay may be limited to 30 days or not exist at all, although debtors can ask the court to extend or impose a stay.
Confirmation of a chapter 11 plan may result in a discharge of debt. Creditors who assert that the debtors are not entitled to a discharge of any
debts or who want to have a particular debt excepted from discharge may be required to file a complaint in the bankruptcy clerk’s office within
the deadlines specified in this notice. (See line 10 below for more information.)
To protect your rights, consult an attorney. All documents filed in the case may be inspected at the bankruptcy clerk’s office at the address
listed below or through PACER (Public Access to Court Electronic Records at www.pacer.gov).
The staff of the bankruptcy clerk’s office cannot give legal advice.
To help creditors correctly identify debtors, debtors submit full Social Security or Individual Taxpayer Identification Numbers, which
may appear on a version of this notice. However, the full numbers must not appear on any document filed with the court.
Do not file this notice with any proof of claim or other filing in the case. Do not include more than the last four digits of a Social
Security or Individual Taxpayer Identification Number in any document, including attachments, that you file with the court.
About Debtor 1:
1.
Debtor’s full name
2.
All other names used in
the last 8 years
3.
Address
4.
Debtor’s attorney
5.
About Debtor 2:
If Debtor 2 lives at a different address:
Contact phone
______________________________
Name and address
______________________________
Bankruptcy clerk’s office
Hours open
_______________________________
Contact phone
_______________________________
Documents in this case may be
filed at this address.
You may inspect all records filed
in this case at this office or
online at www.pacer.gov.
For more information, see page 2 ►
Official Form 309E1 (For Individuals or Joint Debtors)
Notice of Chapter 11 Bankruptcy Case
page 1
6.
Meeting of creditors
Debtors must attend the meeting
to be questioned under oath. In
a joint case, both spouses must
attend.
Creditors may attend, but are
not required to do so.
7.
Deadlines
The bankruptcy clerk’s office
must receive these documents
and any required filing fee by the
following deadlines.
_______________ at
Date
___________
Time
Location:
The meeting may be continued or adjourned to a later date.
If so, the date will be on the court docket.
File by the deadline to object to discharge or to challenge
whether certain debts are dischargeable:
You must file a complaint:
if you assert that the debtor is not entitled to receive a
discharge of any debts under 11 U.S.C. § 1141(d)(3) or
First date set for hearing on confirmation of
plan. The court will send you a notice of that
date later.
Filing deadline for dischargeability
complaints:
__________________
if you want to have a debt excepted from discharge
under 11 U.S.C. § 523(a)(2), (4), or (6).
Deadline for filing proof of claim:
[Not yet set. If a deadline is set, the court will
send you another notice.] or
[date, if set by the court)]
A proof of claim is a signed statement describing a creditor’s claim. A proof of claim form may be
obtained at www.uscourts.gov or any bankruptcy clerk’s office.
Your claim will be allowed in the amount scheduled unless:
your claim is designated as disputed, contingent, or unliquidated;
you file a proof of claim in a different amount; or
you receive another notice.
If your claim is not scheduled or if your claim is designated as disputed, contingent, or unliquidated,
you must file a proof of claim or you might not be paid on your claim and you might be unable to vote
on a plan. You may file a proof of claim even if your claim is scheduled.
You may review the schedules at the bankruptcy clerk’s office or online at www.pacer.gov.
Secured creditors retain rights in their collateral regardless of whether they file a proof of claim. Filing a proof of
claim submits a creditor to the jurisdiction of the bankruptcy court, with consequences a lawyer can explain. For
example, a secured creditor who files a proof of claim may surrender important nonmonetary rights, including
the right to a jury trial.
Deadline to object to exemptions:
The law permits debtors to keep certain property as exempt.
If you believe that the law does not authorize an exemption
claimed, you may file an objection.
Filing deadline: 30 days after the
conclusion of the meeting
of creditors
8.
Creditors with a foreign
address
If you are a creditor receiving mailed notice at a foreign address, you may file a motion asking the court to
extend the deadlines in this notice. Consult an attorney familiar with United States bankruptcy law if you have
any questions about your rights in this case.
9.
Filing a Chapter 11
bankruptcy case
Chapter 11 allows debtors to reorganize or liquidate according to a plan. A plan is not effective unless the court
confirms it. You may receive a copy of the plan and a disclosure statement telling you about the plan, and you
may have the opportunity to vote on the plan. You will receive notice of the date of the confirmation hearing, and
you may object to confirmation of the plan and attend the confirmation hearing. Unless a trustee is serving, the
debtor will remain in possession of the property and may continue to operate the debtor’s business.
10. Discharge of debts
11. Exempt property
Confirmation of a chapter 11 plan may result in a discharge of debts, which may include all or part of a debt. See
11 U.S.C. § 1141(d). However, unless the court orders otherwise, the debts will not be discharged until all
payments under the plan are made. A discharge means that creditors may never try to collect the debt from the
debtors personally except as provided in the plan. If you believe that a particular debt owed to you should be
excepted from the discharge under 11 U.S.C. § 523 (a)(2), (4), or (6), you must file a complaint and pay the filing
fee in the bankruptcy clerk’s office by the deadline. If you believe that the debtors are not entitled to a discharge
of any of their debts under 11 U.S.C. § 1141 (d)(3), you must file a complaint and pay the filing fee in the clerk’s
office by the first date set for the hearing on confirmation of the plan. The court will send you another notice
telling you of that date.
The law allows debtors to keep certain property as exempt. Fully exempt property will not be sold and distributed
to creditors, even if the case is converted to chapter 7. Debtors must file a list of property claimed as exempt.
You may inspect that list at the bankruptcy clerk’s office or online at www.pacer.gov. If you believe that the law
does not authorize an exemption that the debtors claim, you may file an objection. The bankruptcy clerk’s office
must receive the objection by the deadline to object to exemptions in line 7.
Official Form 309E1 (For Individuals or Joint Debtors)
Notice of Chapter 11 Bankruptcy Case
page 2
Information to identify the case:
Debtor 1
__________________________________________________________________
Debtor 2
First Name
Middle Name
Last Name
EIN
________________________________________________________________
(Spouse, if filing) First Name
Middle Name
Last Name
(State)
_______________________________________
___ ___ – ___ ___ ___ ___ ___ ___ ___
Last 4 digits of Social Security number or ITIN ___ ___ ___ ___
EIN
United States Bankruptcy Court for the: ______________________ District of _________
Case number:
Last 4 digits of Social Security number or ITIN ___ ___ ___ ___
___ ___ – ___ ___ ___ ___ ___ ___ ___
[Date case filed for chapter 11
[Date case filed in chapter _____
Date case converted to chapter 11
______________
MM / DD / YYYY] OR
______________
MM / DD / YYYY
______________]
MM / DD / YYYY
Official Form 309E2 (For Individuals or Joint Debtors under Subchapter V)
Notice of Chapter 11 Bankruptcy Case
02/20
For the debtors listed above, a case has been filed under chapter 11 of the Bankruptcy Code. An order for relief has
been entered.
This notice has important information about the case for creditors, debtors, and trustees, including information about
the meeting of creditors and deadlines. Read all pages carefully.
The filing of the case imposed an automatic stay against most collection activities. This means that creditors generally may not take action to
collect debts from the debtors or the debtors’ property. For example, while the stay is in effect, creditors cannot sue, garnish wages, assert a
deficiency, repossess property, or otherwise try to collect from the debtors. Creditors cannot demand repayment from debtors by mail, phone,
or otherwise. Creditors who violate the stay can be required to pay actual and punitive damages and attorney’s fees. Under certain
circumstances, the stay may be limited to 30 days or not exist at all, although debtors can ask the court to extend or impose a stay.
Confirmation of a chapter 11 plan may result in a discharge of debt. Creditors who assert that the debtors are not entitled to a discharge of any
debts or who want to have a particular debt excepted from discharge may be required to file a complaint in the bankruptcy clerk’s office within
the deadlines specified in this notice. (See line 11 below for more information.)
To protect your rights, consult an attorney. All documents filed in the case may be inspected at the bankruptcy clerk’s office at the address
listed below or through PACER (Public Access to Court Electronic Records at www.pacer.gov).
The staff of the bankruptcy clerk’s office cannot give legal advice.
To help creditors correctly identify debtors, debtors submit full Social Security or Individual Taxpayer Identification Numbers, which
may appear on a version of this notice. However, the full numbers must not appear on any document filed with the court.
Do not file this notice with any proof of claim or other filing in the case. Do not include more than the last four digits of a Social
Security or Individual Taxpayer Identification Number in any document, including attachments, that you file with the court.
About Debtor 1:
1.
Debtor’s full name
2.
All other names used in the
last 8 years
3.
Address
4.
Debtor’s attorney
Name and address
5.
Bankruptcy trustee
Name and address
About Debtor 2:
If Debtor 2 lives at a different address:
Contact phone
______________________________
______________________________
Contact phone
______________________________
______________________________
For more information, see page 2 ►
Official Form 309E2 (For Individuals or Joint Debtors under Subchapter V)
Notice of Chapter 11 Bankruptcy Case
page 1
6.
Bankruptcy clerk’s office
Hours open
_______________________________
Documents in this case may be
filed at this address.
You may inspect all records filed
in this case at this office or online
at www.pacer.gov.
7.
Meeting of creditors
Debtors must attend the meeting
to be questioned under oath. In a
joint case, both spouses must
attend.
Creditors may attend, but are not
required to do so.
8.
Deadlines
The bankruptcy clerk’s office
must receive these documents
and any required filing fee by the
following deadlines.
Contact phone
_______________________________
_______________ at
Date
___________
Time
Location:
The meeting may be continued or adjourned to a later date.
If so, the date will be on the court docket.
File by the deadline to object to discharge or to challenge
whether certain debts are dischargeable:
You must file a complaint:
if you assert that the debtor is not entitled to receive a
discharge of any debts under 11 U.S.C. § 1141(d)(3) or
First date set for hearing on confirmation of
plan. The court will send you a notice of that
date later.
Filing deadline for dischargeability
complaints:
__________________
if you want to have a debt excepted from discharge
under 11 U.S.C. § 523(a)(2), (4), or (6).
Deadline for filing proof of claim:
[Not yet set. If a deadline is set, the court will
send you another notice.] or
[date, if set by the court)]
A proof of claim is a signed statement describing a creditor’s claim. A proof of claim form may be
obtained at www.uscourts.gov or any bankruptcy clerk’s office.
Your claim will be allowed in the amount scheduled unless:
your claim is designated as disputed, contingent, or unliquidated;
you file a proof of claim in a different amount; or
you receive another notice.
If your claim is not scheduled or if your claim is designated as disputed, contingent, or unliquidated,
you must file a proof of claim or you might not be paid on your claim and you might be unable to vote
on a plan. You may file a proof of claim even if your claim is scheduled.
You may review the schedules at the bankruptcy clerk’s office or online at www.pacer.gov.
Secured creditors retain rights in their collateral regardless of whether they file a proof of claim. Filing a proof of
claim submits a creditor to the jurisdiction of the bankruptcy court, with consequences a lawyer can explain. For
example, a secured creditor who files a proof of claim may surrender important nonmonetary rights, including
the right to a jury trial.
Deadline to object to exemptions:
The law permits debtors to keep certain property as
exempt.
If you believe that the law does not authorize an exemption
claimed, you may file an objection.
9.
Creditors with a foreign
address
10. Filing a Chapter 11
bankruptcy case
Filing deadline: 30 days after the
conclusion of the meeting
of creditors
If you are a creditor receiving mailed notice at a foreign address, you may file a motion asking the court to
extend the deadlines in this notice. Consult an attorney familiar with United States bankruptcy law if you have
any questions about your rights in this case.
Chapter 11 allows debtors to reorganize or liquidate according to a plan. A plan is not effective unless the court
confirms it. You may receive a copy of the plan and a disclosure statement telling you about the plan, and you
may have the opportunity to vote on the plan. You will receive notice of the date of the confirmation hearing,
and you may object to confirmation of the plan and attend the confirmation hearing. The debtor will generally
remain in possession of the property and may continue to operate the debtor’s business.
For more information, see page 3 ►
Official Form 309E2 (For Individuals or Joint Debtors under Subchapter V)
Notice of Chapter 11 Bankruptcy Case
page 2
11. Discharge of debts
Confirmation of a chapter 11 plan may result in a discharge of debts, which may include all or part of a debt.
See 11 U.S.C. § 1141(d). A discharge means that creditors may never try to collect the debt from the debtors
personally except as provided in the plan. If you believe that a particular debt owed to you should be excepted
from the discharge under 11 U.S.C. § 523 (a)(2), (4), or (6), you must file a complaint and pay the filing fee in
the bankruptcy clerk’s office by the deadline. If you believe that the debtors are not entitled to a discharge of
any of their debts under 11 U.S.C. § 1141 (d)(3), you must file a complaint and pay the filing fee in the clerk’s
office by the first date set for the hearing on confirmation of the plan. The court will send you another notice
telling you of that date.
12. Exempt property
The law allows debtors to keep certain property as exempt. Fully exempt property will not be sold and
distributed to creditors, even if the case is converted to chapter 7. Debtors must file a list of property claimed as
exempt. You may inspect that list at the bankruptcy clerk’s office or online at www.pacer.gov. If you believe that
the law does not authorize an exemption that the debtors claim, you may file an objection. The bankruptcy
clerk’s office must receive the objection by the deadline to object to exemptions in line 8.
Official Form 309E2 (For Individuals or Joint Debtors under Subchapter V)
Notice of Chapter 11 Bankruptcy Case
page 3
Information to identify the case:
Debtor
__________________________________________________________________
Name
United States Bankruptcy Court for the: ______________________ District of _________
(State)
Case number:
_______________________________________
EIN
___ ___ – ___ ___ ___ ___ ___ ___ ___
[Date case filed for chapter 11
[Date case filed in chapter _____
Date case converted to chapter 11
______________
MM / DD / YYYY OR
______________
MM / DD / YYYY
______________]
MM / DD / YYYY
Official Form 309F1 (For Corporations or Partnerships)
Notice of Chapter 11 Bankruptcy Case
02/20
For the debtor listed above, a case has been filed under chapter 11 of the Bankruptcy Code. An order for relief has
been entered.
This notice has important information about the case for creditors and debtors, including information about the
meeting of creditors and deadlines. Read both pages carefully.
The filing of the case imposed an automatic stay against most collection activities. This means that creditors generally may not take action to
collect debts from the debtor or the debtor’s property. For example, while the stay is in effect, creditors cannot sue, assert a deficiency,
repossess property, or otherwise try to collect from the debtor. Creditors cannot demand repayment from the debtor by mail, phone, or
otherwise. Creditors who violate the stay can be required to pay actual and punitive damages and attorney’s fees.
Confirmation of a chapter 11 plan may result in a discharge of debt. A creditor who wants to have a particular debt excepted from discharge
may be required to file a complaint in the bankruptcy clerk’s office within the deadline specified in this notice. (See line 11 below for more
information.)
To protect your rights, consult an attorney. All documents filed in the case may be inspected at the bankruptcy clerk’s office at the address
listed below or through PACER (Public Access to Court Electronic Records at www.pacer.gov).
The staff of the bankruptcy clerk’s office cannot give legal advice.
Do not file this notice with any proof of claim or other filing in the case.
1.
Debtor’s full name
2.
All other names used in
the last 8 years
3.
Address
4.
Debtor’s attorney
5.
Contact phone
______________________________
Name and address
______________________________
Bankruptcy clerk’s office
Hours open
_______________________________
Contact phone
_______________________________
Documents in this case may be
filed at this address.
You may inspect all records filed
in this case at this office or
online at www.pacer.gov.
6.
Meeting of creditors
The debtor’s representative
must attend the meeting to be
questioned under oath.
Creditors may attend, but are
not required to do so.
_______________ at
Date
___________
Time
Location:
The meeting may be continued or adjourned to a later
date. If so, the date will be on the court docket.
For more information, see page 2 ►
Official Form 309F1 (For Corporations or Partnerships) Notice of Chapter 11 Bankruptcy Case
page 1
Debtor
7.
_______________________________________________________
Name
Proof of claim deadline
Case number (if known)_____________________________________
Deadline for filing proof of claim:
[Not yet set. If a deadline is set, the court will send
you another notice.] or
[date, if set by the court)]
A proof of claim is a signed statement describing a creditor’s claim. A proof of claim form may be obtained at
www.uscourts.gov or any bankruptcy clerk’s office.
Your claim will be allowed in the amount scheduled unless:
your claim is designated as disputed, contingent, or unliquidated;
you file a proof of claim in a different amount; or
you receive another notice.
If your claim is not scheduled or if your claim is designated as disputed, contingent, or unliquidated, you must file
a proof of claim or you might not be paid on your claim and you might be unable to vote on a plan. You may file
a proof of claim even if your claim is scheduled.
You may review the schedules at the bankruptcy clerk’s office or online at www.pacer.gov.
Secured creditors retain rights in their collateral regardless of whether they file a proof of claim. Filing a proof of
claim submits a creditor to the jurisdiction of the bankruptcy court, with consequences a lawyer can explain. For
example, a secured creditor who files a proof of claim may surrender important nonmonetary rights, including
the right to a jury trial.
8.
Exception to discharge
deadline
The bankruptcy clerk’s office
must receive a complaint and
any required filing fee by the
following deadline.
9.
Creditors with a foreign
address
If § 523(c) applies to your claim and you seek to have it excepted from discharge, you must start a judicial
proceeding by filing a complaint by the deadline stated below.
Deadline for filing the complaint:
_________________
If you are a creditor receiving notice mailed to a foreign address, you may file a motion asking the court to
extend the deadlines in this notice. Consult an attorney familiar with United States bankruptcy law if you have
any questions about your rights in this case.
10. Filing a Chapter 11
Chapter 11 allows debtors to reorganize or liquidate according to a plan. A plan is not effective unless the court
confirms it. You may receive a copy of the plan and a disclosure statement telling you about the plan, and you
may have the opportunity to vote on the plan. You will receive notice of the date of the confirmation hearing, and
you may object to confirmation of the plan and attend the confirmation hearing. Unless a trustee is serving, the
debtor will remain in possession of the property and may continue to operate its business.
11. Discharge of debts
Confirmation of a chapter 11 plan may result in a discharge of debts, which may include all or part of your debt.
See 11 U.S.C. § 1141(d). A discharge means that creditors may never try to collect the debt from the debtor
except as provided in the plan. If you want to have a particular debt owed to you excepted from the discharge
and § 523(c) applies to your claim, you must start a judicial proceeding by filing a complaint and paying the filing
fee in the bankruptcy clerk’s office by the deadline.
bankruptcy case
Official Form 309F1 (For Corporations or Partnerships) Notice of Chapter 11 Bankruptcy Case
page 2
Information to identify the case:
Debtor
__________________________________________________________________
Name
United States Bankruptcy Court for the: ______________________ District of _________
(State)
Case number:
_______________________________________
EIN
___ ___ – ___ ___ ___ ___ ___ ___ ___
[Date case filed for chapter 11
[Date case filed in chapter _____
Date case converted to chapter 11
______________
MM / DD / YYYY OR
______________
MM / DD / YYYY
______________]
MM / DD / YYYY
Official Form 309F2 (For Corporations or Partnerships under
Subchapter V)
Notice of Chapter 11 Bankruptcy Case
02/20
For the debtor listed above, a case has been filed under chapter 11 of the Bankruptcy Code. An order for relief has
been entered.
This notice has important information about the case for creditors, debtors, and trustees, including information about
the meeting of creditors and deadlines. Read both pages carefully.
The filing of the case imposed an automatic stay against most collection activities. This means that creditors generally may not take action to
collect debts from the debtor or the debtor’s property. For example, while the stay is in effect, creditors cannot sue, assert a deficiency,
repossess property, or otherwise try to collect from the debtor. Creditors cannot demand repayment from the debtor by mail, phone, or
otherwise. Creditors who violate the stay can be required to pay actual and punitive damages and attorney’s fees.
Confirmation of a chapter 11 plan may result in a discharge of debt. A creditor who wants to have a particular debt excepted from discharge
may be required to file a complaint in the bankruptcy clerk’s office within the deadline specified in this notice. (See line 12 below for more
information.)
To protect your rights, consult an attorney. All documents filed in the case may be inspected at the bankruptcy clerk’s office at the address
listed below or through PACER (Public Access to Court Electronic Records at www.pacer.gov).
The staff of the bankruptcy clerk’s office cannot give legal advice.
Do not file this notice with any proof of claim or other filing in the case.
1.
Debtor’s full name
2.
All other names used in
the last 8 years
3.
Address
4.
Debtor’s attorney
Name and address
5.
Bankruptcy trustee
Name and address
6.
Bankruptcy clerk’s office
Documents in this case may be
filed at this address.
You may inspect all records filed
in this case at this office or
online at www.pacer.gov.
Contact phone
______________________________
______________________________
Contact phone
______________________________
______________________________
Hours open
_______________________________
Contact phone
_______________________________
For more information, see page 2 ►
Official Form 309F2 (For Corporations or Partnerships under Subchapter V)
Notice of Chapter 11 Bankruptcy Case
page 1
Debtor
7.
8.
_______________________________________________________
Case number (if known)_____________________________________
Name
Meeting of creditors
The debtor’s representative
must attend the meeting to be
questioned under oath.
Creditors may attend, but are
not required to do so.
_______________ at
___________
Date
Time
Proof of claim deadline
Deadline for filing proof of claim:
Location:
The meeting may be continued or adjourned to a later
date. If so, the date will be on the court docket.
[Not yet set. If a deadline is set, the court will send
you another notice.] or
[date, if set by the court)]
A proof of claim is a signed statement describing a creditor’s claim. A proof of claim form may be obtained at
www.uscourts.gov or any bankruptcy clerk’s office.
Your claim will be allowed in the amount scheduled unless:
your claim is designated as disputed, contingent, or unliquidated;
you file a proof of claim in a different amount; or
you receive another notice.
If your claim is not scheduled or if your claim is designated as disputed, contingent, or unliquidated, you must file
a proof of claim or you might not be paid on your claim and you might be unable to vote on a plan. You may file a
proof of claim even if your claim is scheduled.
You may review the schedules at the bankruptcy clerk’s office or online at www.pacer.gov.
Secured creditors retain rights in their collateral regardless of whether they file a proof of claim. Filing a proof of
claim submits a creditor to the jurisdiction of the bankruptcy court, with consequences a lawyer can explain. For
example, a secured creditor who files a proof of claim may surrender important nonmonetary rights, including the
right to a jury trial.
9.
Exception to discharge
deadline
The bankruptcy clerk’s office
must receive a complaint and
any required filing fee by the
following deadline.
If § 523(c) applies to your claim and you seek to have it excepted from discharge, you must start a judicial
proceeding by filing a complaint by the deadline stated below.
Deadline for filing the complaint:
_________________
10. Creditors with a foreign
If you are a creditor receiving notice mailed to a foreign address, you may file a motion asking the court to
extend the deadlines in this notice. Consult an attorney familiar with United States bankruptcy law if you have
any questions about your rights in this case.
11. Filing a Chapter 11
Chapter 11 allows debtors to reorganize or liquidate according to a plan. A plan is not effective unless the court
confirms it. You may receive a copy of the plan and a disclosure statement telling you about the plan, and you
may have the opportunity to vote on the plan. You will receive notice of the date of the confirmation hearing, and
you may object to confirmation of the plan and attend the confirmation hearing. The debtor will generally remain
in possession of the property and may continue to operate the debtor’s business.
12. Discharge of debts
Confirmation of a chapter 11 plan may result in a discharge of debts, which may include all or part of your debt.
See 11 U.S.C. § 1141(d). A discharge means that creditors may never try to collect the debt from the debtor
except as provided in the plan. If you want to have a particular debt owed to you excepted from the discharge
and § 523(c) applies to your claim, you must start a judicial proceeding by filing a complaint and paying the filing
fee in the bankruptcy clerk’s office by the deadline.
address
bankruptcy case
Official Form 309F2 (For Corporations or Partnerships under Subchapter V)
Notice of Chapter 11 Bankruptcy Case
page 2
Official Form 314 (02/20)
[Caption as in 416A]
Class [ ] Ballot for Accepting or Rejecting Plan of Reorganization
[Proponent] filed a plan of reorganization dated [Date] (the Plan) for the Debtor in this case. {The Court has
[conditionally] approved a disclosure statement with respect to the Plan (the Disclosure Statement). The Disclosure
Statement provides information to assist you in deciding how to vote your ballot. If you do not have a Disclosure
Statement, you may obtain a copy from [name, address, telephone number and telecopy number of
proponent/proponent’s attorney.]}
{Court approval of the Disclosure Statement does not indicate approval of the Plan by the Court.}
You should review {the Disclosure Statement and} the Plan before you vote. You may wish to seek legal
advice concerning the Plan and your classification and treatment under the Plan. Your [claim] [equity
interest] has been placed in class [ ] under the Plan. If you hold claims or equity interests in more than one
class, you will receive a ballot for each class in which you are entitled to vote.
If your ballot is not received by [name and address of proponent’s attorney or other appropriate address] on
or before [date], and such deadline is not extended, your vote will not count as either an acceptance or
rejection of the Plan.
If the Plan is confirmed by the Bankruptcy Court, it will be binding on you whether or not you vote.
Acceptance or Rejection of the Plan
[At this point the ballot should provide for voting by the particular class of creditors or equity holders receiving the
ballot using one of the following alternatives;]
[If the voter is the holder of a secured, priority, or unsecured nonpriority claim:]
The undersigned, the holder of a Class [ ] claim against the Debtor in the unpaid amount of Dollars ($
)
[or, if the voter is the holder of a bond, debenture, or other debt security:]
The undersigned, the holder of a Class [ ] claim against the Debtor, consisting of Dollars ($
) principal amount of
[describe bond, debenture, or other debt security] of the Debtor (For purposes of this Ballot, it is not necessary and
you should not adjust the principal amount for any accrued or unmatured interest.)
[or, if the voter is the holder of an equity interest:]
The undersigned, the holder of Class [ ] equity interest in the Debtor, consisting of ______ shares or other interests
of [describe equity interest] in the Debtor
Official Form 314 (02/20)
page 2
[In each case, the following language should be included:]
Check one box only
Accepts the plan
Rejects the plan
Dated:
___________________
Print or type name: _________________________________________
Signature:
_________________________________________ Title (if corporation or partnership) ________
Address:
_________________________________________
_________________________________________
_________________________________________
Return this ballot to:
[Name and address of proponent’s attorney or other appropriate address]
Official Form 315 (02/20)
[Caption as in 416A]
Order Confirming Plan
The plan under chapter 11 of the Bankruptcy Code filed by _____________________________________, on
____________________ [if applicable, as modified by a modification filed on ______________________,] or a
summary thereof, having been transmitted to creditors and equity security holders; and
It having been determined after hearing on notice that the requirements for confirmation set forth in
11 U.S.C. § 1129(a) [or, if appropriate, 11 U.S.C. § 1129(b), 1191(a), or 1191(b)] have been
satisfied;
IT IS ORDERED that:
The plan filed by ________________________________________________, on _________________,
[If appropriate, include dates and any other pertinent details of modifications to the plan] is confirmed. [If
the plan provides for an injunction against conduct not otherwise enjoined under the Code, include the
information required by Rule 3020.]
A copy of the confirmed plan is attached.
_____________
MM / DD / YYYY
By the court: _____________________________
United States Bankruptcy Judge
Fill in this information to identify the case:
Debtor Name __________________________________________________________________
United States Bankruptcy Court for the:_______________________ District of __________
(State)
Case number: _________________________
Check if this is an amended filing
Official Form 425A
Plan of Reorganization for Small Business Under Chapter 11
[ Name of Proponent
02/20
]’s Plan of Reorganization, Dated [ Insert Date ]
[If this plan is for a small business debtor under Subchapter V, 11 U.S.C. § 1190 requires that it include “(A) a brief history of the business operations
of the debtor; (B) a liquidation analysis; and (C) projections with respect to the ability of the debtor to make payments under the proposed plan of
reorganization.” The Background section below may be used for that purpose. Otherwise, the Background section can be deleted from the form, and
the Plan can start with “Article 1: Summary”]
Background for Cases Filed Under Subchapter V
A. Description and History of the Debtor’s Business
The Debtor is a [corporation, partnership, etc.]. Since [insert year operations commenced], the Debtor has been in the
business of __________________________________________. [Describe the Debtor’s business].
B. Liquidation Analysis
To confirm the Plan, the Court must find that all creditors and equity interest holders who do not accept the Plan
will receive at least as much under the Plan as such claim and equity interest holders would receive in a chapter
7 liquidation. A liquidation analysis is attached to the Plan as Exhibit___.
C. Ability to make future plan payments and operate without further reorganization
The Plan Proponent must also show that it will have enough cash over the life of the Plan to make the required
Plan payments and operate the debtor’s business.
The Plan Proponent has provided projected financial information as Exhibit ___.
The Plan Proponent’s financial projections show that the Debtor will have projected disposable income (as
defined by § 1191(d) of the Bankruptcy Code) for the period described in § 1191(c)(2) of $ _________.
The final Plan payment is expected to be paid on _________.
[Summarize the numerical projections, and highlight any assumptions that are not in accord with past experience. Explain why such
assumptions should now be made.]
You should consult with your accountant or other financial advisor if you have any questions pertaining to these
projections.
Official Form 425A
Plan of Reorganization for Small Business Under Chapter 11
page 1
Debtor Name
_______________________________________________________
Case number_____________________________________
Article 1: Summary
This Plan of Reorganization (the Plan) under chapter 11 of the Bankruptcy Code (the Code) proposes to pay
creditors of [insert the name of the Debtor] (the Debtor) from [Specify sources of payment, such as an infusion of capital, loan
proceeds, sale of assets, cash flow from operations, or future income].
This Plan provides for:
classes of priority claims;
classes of secured claims;
classes of non-priority unsecured clams; and
classes of equity security holders.
Non-priority unsecured creditors holding allowed claims will receive distributions, which the proponent of this
Plan has valued at approximately __ cents on the dollar. This Plan also provides for the payment of
administrative and priority claims.
All creditors and equity security holders should refer to Articles 3 through 6 of this Plan for information
regarding the precise treatment of their claim. A disclosure statement that provides more detailed information
regarding this Plan and the rights of creditors and equity security holders has been circulated with this Plan.
Your rights may be affected. You should read these papers carefully and discuss them with your attorney, if you
have one. (If you do not have an attorney, you may wish to consult one.)
Article 2: Classification of Claims and Interests
2.01
Class 1 ................................
All allowed claims entitled to priority under § 507(a) of the Code (except administrative
expense claims under § 507(a)(2), [“gap” period claims in an involuntary case under § 507(a)(3),]
and priority tax claims under § 507(a)(8)).
[Add classes of priority claims, if applicable]
2.02
Class 2 ...................................
The claim of
________________________________
allowed as a secured claim under § 506 of the Code.
, to the extent
[Add other classes of secured creditors, if any. Note: Section 1129(a)(9)(D) of the Code provides that a
secured tax claim which would otherwise meet the description of a priority tax claim under § 507(a)(8) of the
Code is to be paid in the same manner and over the same period as prescribed in § 507(a)(8).]
2.03
Class 3 ...................................
All non-priority unsecured claims allowed under § 502 of the Code.
[Add other classes of unsecured claims, if any.]
2.04
Class 4 ...................................
Equity interests of the Debtor. [If the Debtor is an individual, change this heading to The interests of
the individual Debtor in property of the estate.]
Article 3: Treatment of Administrative Expense Claims, Priority Tax Claims, and Quarterly and Court Fees
3.01
Unclassified claims
Under section § 1123(a)(1), administrative expense claims, [“gap” period claims in an
involuntary case allowed under § 502(f) of the Code,] and priority tax claims are not in classes.
3.02
Administrative expense
claims
a “gap” claim in an involuntary case allowed under § 502(f) of the Code,] will be paid in full on the
Each holder of an administrative expense claim allowed under § 503 of the Code, [and
effective date of this Plan, in cash, or upon such other terms as may be agreed upon
by the holder of the claim and the Debtor.
Or
Each holder of an administrative expense claim allowed under § 503 of the Code, [and
a “gap” claim in an involuntary case allowed under § 502(f) of the Code,] will be paid [specify terms of
treatment, including the form, amount, and timing of distribution, consistent with section 1191(e) of the
Official Form 425A
Plan of Reorganization for Small Business Under Chapter 11
page 2
Debtor Name
_______________________________________________________
Case number_____________________________________
Code].
[Note: the second provision is appropriate only in a subchapter V plan that is confirmed non-consensually
under section 1191(b).]
3.03
Priority tax claims
Each holder of a priority tax claim will be paid [Specify terms of treatment consistent
with § 1129(a)(9)(C) of the Code].
3.04
Statutory fees
All fees required to be paid under 28 U.S.C. § 1930 that are owed on or before the
effective date of this Plan have been paid or will be paid on the effective date.
3.05
Prospective quarterly fees
All quarterly fees required to be paid under 28 U.S.C. § 1930(a)(6) or (a)(7) will accrue
and be timely paid until the case is closed, dismissed, or converted to another chapter
of the Code.
Article 4: Treatment of Claims and Interests Under the Plan
4.01
Claims and interests shall be treated as follows under this Plan:
Class
Impairment
Treatment
Class 1 - Priority claims
excluding those in Article 3
Impaired
Unimpaired
Class 2 – Secured claim of
[Insert name of secured
creditor.]
Impaired
Unimpaired
[Insert treatment of priority claims in this Class, including the
form, amount and timing of distribution, if any.
For example: “Class 1 is unimpaired by this Plan, and each
holder of a Class 1 Priority Claim will be paid in full, in cash,
upon the later of the effective date of this Plan, or the date
on which such claim is allowed by a final non-appealable
order. Except: ________ .”]
[Add classes of priority claims if applicable]
[Insert treatment of secured claim in this Class, including
the form, amount and timing of distribution, if any.]
[Add classes of secured claims if applicable]
Class 3 – Non-priority
unsecured creditors
Impaired
Unimpaired
[Insert treatment of unsecured creditors in this Class,
including the form, amount and timing of distribution, if any.]
Impaired
Unimpaired
[Insert treatment of equity security holders in this Class,
including the form, amount and timing of distribution, if any.]
Class 4 - Equity security
holders of the Debtor
[Add administrative convenience class if applicable]
Article 5: Allowance and Disallowance of Claims
5.01
Disputed claim
A disputed claim is a claim that has not been allowed or disallowed [by a final nonappealable order], and as to which either:
(i) a proof of claim has been filed or deemed filed, and the Debtor or another party in
interest has filed an objection; or
(ii) no proof of claim has been filed, and the Debtor has scheduled such claim as
disputed, contingent, or unliquidated.
5.02
Delay of distribution on a
disputed claim
No distribution will be made on account of a disputed claim unless such claim is
allowed [by a final non-appealable order].
5.03
Settlement of disputed
claims
The Debtor will have the power and authority to settle and compromise a disputed
claim with court approval and compliance with Rule 9019 of the Federal Rules of
Bankruptcy Procedure.
Article 6: Provisions for Executory Contracts and Unexpired Leases
Official Form 425A
Plan of Reorganization for Small Business Under Chapter 11
page 3
Debtor Name
6.01
_______________________________________________________
Assumed executory
contracts and unexpired
leases
Case number_____________________________________
(a) The Debtor assumes, and if applicable assigns, the following executory
contracts and unexpired leases as of the effective date:
[List assumed, or if applicable assigned, executory contracts and unexpired leases.]
(b) Except for executory contracts and unexpired leases that have been assumed,
and if applicable assigned, before the effective date or under section 6.01(a) of
this Plan, or that are the subject of a pending motion to assume, and if
applicable assign, the Debtor will be conclusively deemed to have rejected all
executory contracts and unexpired leases as of the effective date.
A proof of a claim arising from the rejection of an executory contract or
unexpired lease under this section must be filed no later than __________ days
after the date of the order confirming this Plan.
Article 7: Means for Implementation of the Plan
[Insert here provisions regarding how the plan will be implemented as required under § 1123(a)(5) of the
Code. For example, provisions may include those that set out how the plan will be funded, including any
claims reserve to be established in connection with the plan, as well as who will be serving as directors,
officers or voting trustees of the reorganized Debtor.]
Article 8: General Provisions
8.01
Definitions and rules of
construction
The definitions and rules of construction set forth in §§ 101 and 102 of the
Code shall apply when terms defined or construed in the Code are used in
this Plan, and they are supplemented by the following definitions:
[Insert additional definitions if necessary].
8.02
Effective date
8.03
Severability
8.04
Binding effect
8.05
Captions
[8.06
Controlling effect
[8.07
Corporate governance
Official Form 425A
The effective date of this Plan is the first business day following the date that
is 14 days after the entry of the confirmation order. If, however, a stay of the
confirmation order is in effect on that date, the effective date will be the first
business day after the date on which the stay expires or is otherwise
terminated.
If any provision in this Plan is determined to be unenforceable, the
determination will in no way limit or affect the enforceability and operative
effect of any other provision of this Plan.
The rights and obligations of any entity named or referred to in this Plan will
be binding upon, and will inure to the benefit of the successors or assigns of
such entity.
The headings contained in this Plan are for convenience of reference only and
do not affect the meaning or interpretation of this Plan.
Unless a rule of law or procedure is supplied by federal law (including the
Code or the Federal Rules of Bankruptcy Procedure), the laws of the State of
____________ govern this Plan and any agreements, documents, and
instruments executed in connection with this Plan, except as otherwise
provided in this Plan.]
[If the Debtor is a corporation include provisions required by § 1123(a)(6) of the Code.]
Plan of Reorganization for Small Business Under Chapter 11
page 4
Debtor Name
[8.08
_______________________________________________________
Retention of Jurisdiction
Case number_____________________________________
Language addressing the extent and the scope of the bankruptcy court’s jurisdiction
after the effective date of the plan.]
Article 9: Discharge
[Include the appropriate provision in the Plan]
[No Discharge -- Section 1141(d)(3) IS applicable.]
In accordance with § 1141(d)(3) of the Code, the Debtor will not receive any discharge of debt in this bankruptcy
case.
[Discharge -- Section 1141(d)(3) IS NOT applicable; use one of the alternatives below]
[The following 3 alternatives apply to cases in which a discharge is applicable and the Debtor DID NOT elect to proceed under Subchapter V of Chapter
11.]
[Discharge if the Debtor is an individual and did not proceed under Subchapter V]
Confirmation of this Plan does not discharge any debt provided for in this Plan until the court grants a discharge on
completion of all payments under this Plan, or as otherwise provided in § 1141(d)(5) of the Code. The Debtor will
not be discharged from any debt excepted from discharge under § 523 of the Code, except as provided in Rule
4007(c) of the Federal Rules of Bankruptcy Procedure.
[Discharge if the Debtor is a partnership and did not proceed under Subchapter V]
On the effective date of this Plan, the Debtor will be discharged from any debt that arose before confirmation of this
Plan, to the extent specified in § 1141(d)(1)(A) of the Code. The Debtor will not be discharged from any debt
imposed by this Plan.
[Discharge if the Debtor is a corporation and did not proceed under Subchapter V]
On the effective date of this Plan, the Debtor will be discharged from any debt that arose before confirmation of this
Plan, to the extent specified in § 1141(d)(1)(A) of the Code, except that the Debtor will not be discharged of any debt:
(i) imposed by this Plan; or
(ii) to the extent provided in § 1141(d)(6).
[The following 3 alternatives apply to cases in which the Debtor DID elect to proceed under Subchapter V of Chapter 11.]
[Discharge if the Debtor is an individual under Subchapter V]
If the Debtor’s Plan is confirmed under § 1191(a), on the effective date of the Plan, the Debtor will be discharged from any
debt that arose before confirmation of this Plan, to the extent specified in § 1141(d)(1)(A) of the Code. The Debtor will not
be discharged from any debt:
(i) imposed by this Plan; or
(ii) excepted from discharge under § 523(a) of the Code, except as provided in Rule 4007(c) of the
Federal Rules of Bankruptcy Procedure.
Official Form 425A
Plan of Reorganization for Small Business Under Chapter 11
page 5
Debtor Name
_______________________________________________________
Case number_____________________________________
If the Debtor’s Plan is confirmed under § 1191(b), confirmation of the Plan does not discharge any debt provided for in this
Plan until the court grants a discharge on completion of all payments due within the first 3 years of this Plan, or as
otherwise provided in § 1192 of the Code. The Debtor will not be discharged from any debt:
(i) on which the last payment is due after the first 3 years of the plan, or as otherwise provided in § 1192;
or
(ii) excepted from discharge under § 523(a) of the Code, except as provided in Rule 4007(c) of the
Federal Rules of Bankruptcy Procedure.
[Discharge if the Debtor is a partnership under Subchapter V]
If the Debtor’s Plan is confirmed under § 1191(a), on the effective date of the Plan, the Debtor will be discharged from any
debt that arose before confirmation of this Plan, to the extent specified in § 1141(d)(1)(A) of the Code. The Debtor will not
be discharged from any debt imposed by this Plan.
If the Debtor’s Plan is confirmed under § 1191(b), confirmation of the Plan does not discharge any debt provided for in this
Plan until the court grants a discharge on completion of all payments due within the first 3 years of this Plan, or as
otherwise provided in § 1192 of the Code. The Debtor will not be discharged from any debt:
(i) on which the last payment is due after the first 3 years of the plan, or as otherwise provided in § 1192;
or
(ii) excepted from discharge under § 523(a) of the Code, except as provided in Rule 4007(c) of the
Federal Rules of Bankruptcy Procedure.
[Discharge if the Debtor is a corporation under Subchapter V]
If the Debtor’s Plan is confirmed under § 1191(a), on the effective date of the Plan, the Debtor will be discharged from any
debt that arose before confirmation of this Plan, to the extent specified in § 1141(d)(1)(A) of the Code, except that the
Debtor will not be discharged of any debt:
(i) imposed by this Plan; or
(ii) to the extent provided in § 1141(d)(6).
If the Debtor’s Plan is confirmed under § 1191(b), confirmation of this Plan does not discharge any debt provided for in this
Plan until the court grants a discharge on completion of all payments due within the first 3 years of this Plan, or as
otherwise provided in § 1192 of the Code. The Debtor will not be discharged from any debt:
(i) on which the last payment is due after the first 3 years of the plan, or as otherwise provided in § 1192;
or
(ii) excepted from discharge under § 523(a) of the Code, except as provided in Rule 4007(c) of the
Federal Rules of Bankruptcy Procedure.
Article 10: Other Provisions
[Insert other provisions, as applicable.]
Respectfully submitted,
Official Form 425A
Plan of Reorganization for Small Business Under Chapter 11
page 6
Debtor Name
_______________________________________________________
Case number_____________________________________
____________________________________________________
____________________________________________________
[Signature of the Plan Proponent]
[Printed Name]
____________________________________________________
____________________________________________________
[Signature of the Attorney for the Plan Proponent]
[Printed Name]
Official Form 425A
Plan of Reorganization for Small Business Under Chapter 11
page 7
B2000 (Form 2000) (02/20)
UNITED STATES BANKRUPTCY COURT
REQUIRED LISTS, SCHEDULES, STATEMENTS, AND FEES
Voluntary Chapter 7 Case
☐
Filing Fee of $245. If the fee is to be paid in installments or the debtor requests a waiver of the fee, the debtor must be an individual and must
file a signed application for court approval. Official Form 103A or 103B and Fed.R.Bankr.P. 1006(b), (c).
☐
Administrative fee of $75 and trustee surcharge of $15. If the debtor is an individual and the court grants the debtor’s request, these fees are
payable in installments or may be waived.
☐
Voluntary Petition for Individuals Filing for Bankruptcy (Official Form 101) or Voluntary Petition for Non-Individuals Filing for
Bankruptcy (Official Form 201); Names and addresses of all creditors of the debtor. Must be filed WITH the petition. Fed.R.Bankr.P. 1007(a)(1).
☐
Notice to Individual Debtor with Primarily Consumer Debts under 11 U.S.C. § 342(b) (Director’s Form 2010), if applicable. Required if
the debtor is an individual with primarily consumer debts. The notice must be GIVEN to the debtor before the petition is filed. Certification that the
notice has been given must be FILED with the petition or within 15 days. 11 U.S.C. §§ 342(b), 521(a)(1)(B)(iii), 707(a)(3). Official Form 101 contains
spaces for the certification.
☐
Bankruptcy Petition Preparer’s Notice, Declaration, and Signature (Official Form 119). Required if a “bankruptcy petition preparer”
prepares the petition. Must be submitted WITH the petition. 11 U.S.C. § 110(b)(2).
☐
Statement About Your Social Security Numbers (Official Form 121). Required if the debtor is an individual. Must be submitted WITH the
petition. Fed.R.Bankr.P. 1007(f).
☐
Credit Counseling Requirement (Official Form 101); Certificate of Credit Counseling and Debt Repayment Plan, if applicable; Section
109(h)(3) certification or § 109(h)(4) request, if applicable. If applicable, the Certificate of Credit Counseling and Debt Repayment Plan must be filed
with the petition or within 14 days. If applicable, the § 109(h)(3) certification or the § 109(h)(4) request must be filed WITH the petition. Fed.R.Bankr.P.
1007(b)(3), (c).
☐
Statement disclosing compensation paid or to be paid to a “bankruptcy petition preparer” (Director’s Form 2800). Required if a
“bankruptcy petition preparer” prepares the petition. Must be submitted WITH the petition. 11 U.S.C. §110(h)(2).
☐
Statement of Your Current Monthly Income (Official Form 122A). Required if the debtor is an individual. Must be filed with the petition
or within 14 days. Fed.R.Bankr.P. 1007(b), (c).
☐
Schedules of assets and liabilities (Official Forms 106 or 206). Must be filed with the petition or within 14 days. Fed.R.Bankr.P. 1007(b),(c).
☐
Schedule of Executory Contracts and Unexpired Leases (Schedule G of Official Form 106 or 206). Must be filed with the petition or within
14 days. Fed.R.Bankr.P. 1007(b), (c).
☐
Schedules of Your Income and Your Expenses (Schedules I and J of Official Form 106). If the debtor is an individual, Schedules I and J of
Official Form 106 must be filed with the petition or within 14 days. 11 U.S.C. § 521(1) and Fed.R.Bankr.P. 1007(b), (c).
☐
Statement of financial affairs (Official Form 107 or 207). Must be filed with the petition or within 14 days. Fed.R.Bankr.P. 1007(b), (c).
☐
Copies of all payment advices or other evidence of payment received by the debtor from any employer within 60 days before the filing of
the petition. Required if the debtor is an individual. Must be filed with the petition or within 14 days. Fed.R.Bankr.P. 1007(b), (c).
☐
Statement of Intention for Individuals Filing Under Chapter 7 (Official Form 108). Required ONLY if the debtor is an individual and the
schedules of assets and liabilities contain debts secured by property of the estate or personal property subject to an unexpired lease. Must be filed within
30 days or by the date set for the Section 341 meeting of creditors, whichever is earlier. 11 U.S.C. §§ 362(h) and 521(a)(2).
☐
Statement disclosing compensation paid or to be paid to the attorney for the debtor (Director's Form 2030). Required if the debtor is
represented by an attorney. Must be filed within 14 days or any other date set by the court. 11 U.S.C. § 329 and Fed.R.Bankr.P. 2016(b).
☐
Certification About a Financial Management Course (Official Form 423), if applicable. Required if the debtor is an individual, unless the
course provider has notified the court that the debtor has completed the course. Must be filed within 60 days of the first date set for the meeting of
creditors. 11 U.S.C. § 727(a)(11) and Fed.R.Bankr.P. 1007(b)(7), (c).
B2000 (Form 2000) (02/20)
REQUIRED LISTS, SCHEDULES, STATEMENTS, AND FEES
Voluntary Chapter 11 Case
☐
Filing fee of $1,167. If the fee is to be paid in installments, the debtor must be an individual and must file a signed application for court
approval. Official Form 103A and Fed.R.Bankr.P. 1006(b).
☐
Administrative fee of $550. If the debtor is an individual and the court grants the debtor’s request, this fee is payable in installments.
☐
United States Trustee quarterly fee. The debtor, or trustee if one is appointed, is required also to pay a fee to the United States trustee at the
conclusion of each calendar quarter until the case is dismissed or converted to another chapter. The calculation of the amount to be paid is set out in 28
U.S.C. § 1930(a)(6). As authorized by 28 U.S.C. § 1930(a)(7), the quarterly fee is paid to the clerk of court in chapter 11 cases in Alabama and North
Carolina.
☐
Voluntary Petition for Individuals Filing for Bankruptcy (Official Form 101) or Voluntary Petition for Non-Individuals Filing for
Bankruptcy (Official Form 201); Names and addresses of all creditors of the debtor. Must be filed WITH the petition. Fed.R.Bankr.P. 1007(a)(1).
☐
Notice to Individual Debtor with Primarily Consumer Debts under 11 U.S.C. § 342(b) (Director's Form 2010), if applicable. Required if
the debtor is an individual with primarily consumer debts. The notice must be GIVEN to the debtor before the petition is filed. Certification that the
notice has been given must be FILED with the petition or within 15 days. 11 U.S.C. §§ 342(b), 521(a)(1)(B)(iii), 1112(e). Official Form 101 contains
spaces for the certification.
☐
Bankruptcy Petition Preparer’s Notice, Declaration, and Signature (Official Form 119). Required if a “bankruptcy petition preparer”
prepares the petition. Must be submitted WITH the petition. 11 U.S.C. § 110(b)(2).
☐
Statement About Your Social Security Numbers (Official Form 121). Required if the debtor is an individual. Must be submitted WITH the
petition. Fed.R.Bankr.P. 1007(f).
☐
Credit Counseling Requirement (Official Form 101); Certificate of Credit Counseling and Debt Repayment Plan, if applicable; Section
109(h)(3) certification or § 109(h)(4) request, if applicable. If applicable, the Certificate of Credit Counseling and Debt Repayment Plan must be filed
with the petition or within 14 days. If applicable, the § 109(h)(3) certification or the § 109(h)(4) request must be filed WITH the petition. Fed.R.Bankr.P.
1007(b)(3), (c).
☐
Statement disclosing compensation paid or to be paid to a “bankruptcy petition preparer” (Director’s Form 2800). Required if a
“bankruptcy petition preparer” prepares the petition. Must be submitted WITH the petition. 11 U.S.C. §110(h)(2).
☐
Statement of Your Current Monthly Income (Official Form 122B). Required if the debtor is an individual unless the case is filed under
subchapter V. Must be filed with the petition or within 14 days. Fed.R.Bankr.P. 1007(b), (c).
☐
For Individual Chapter 11 Cases: List of Creditors Who Have the 20 Largest Unsecured Claims Against You and Are Not Insiders
(Official Form 104) or Chapter 11 or Chapter 9 Cases: List of Creditors Who Have the 20 Largest Unsecured Claims and Are Not Insiders
(Official Form 204). Must be filed WITH the petition. Fed.R.Bankr.P. 1007(d).
☐
Names and addresses of equity security holders of the debtor. Must be filed with the petition or within 14 days, unless the court orders
otherwise. Fed.R.Bankr.P. 1007(a)(3).
☐
Schedules of Assets and Liabilities (Official Form 106 or 206). Must be filed with the petition or within 14 days. Fed.R.Bankr.P. 1007(b),
(c).
☐
Schedule of Executory Contracts and Unexpired Leases (Schedule G of Official Form 106 or 206). Must be filed with the petition or within
14 days. Fed.R.Bankr.P. 1007(b), (c).
☐
Schedules of Current Income and Expenditures. If the debtor is an individual, Schedules I and J of Official Form 106 must be used for this
purpose. Must be filed with the petition or within 14 days. 11 U.S.C. § 521(1) and Fed.R.Bankr.P. 1007(b), (c).
☐
Statement of Financial Affairs (Official Form 107 or 207). Must be filed with the petition or within 14 days. Fed.R.Bankr.P. 1007(b), (c).
☐
Copies of all payment advices or other evidence of payment received by debtor from any employer within 60 days before the filing of the
petition. Required if the debtor is an individual. Must be filed WITH the petition or within 14 days. Fed.R.Bankr.P. 1007(b), (c).
☐
Statement disclosing compensation paid or to be paid to the attorney for the debtor (Director’s Form 2030), if applicable. Required if the
debtor is represented by an attorney. Must be filed within 14 days or any other date set by the court. 11 U.S.C. § 329 and Fed.R.Bankr.P. 2016(b).
☐
Certification About a Financial Management Course (Official Form 423), if applicable. Required if the debtor is an individual and §
1141(d)(3) applies, unless the course provider has notified the court that the debtor has completed the course. Must be filed no later than the date of the
last payment under the plan or the filing of a motion for a discharge under § 1141(d)(5)(B). 11 U.S.C. § 1141(d)(3) and Fed.R.Bankr.P. 1007(b)(7), (c).
☐
Statement concerning pending proceedings of the kind described in § 522(q)(1), if applicable. Required if the debtor is an individual and
has claimed exemptions under state or local law as described in § 522(b)(3) in excess of $170,350*. Must be filed no later than the date of the last
payment made under the plan or the date of the filing of a motion for a discharge under § 1141(d)(5)(B). 11 U.S.C. § 1141(d)(5)(C) and Fed.R.Bankr.P.
1007(b)(8), (c).
* Amount subject to adjustment on 4/01/22, and every three years thereafter with respect to cases commenced on or after the date of adjustment.
B2000 (Form 2000) (02/20)
REQUIRED LISTS, SCHEDULES, STATEMENTS, AND FEES
Chapter 12 Case
☐
Filing Fee of $200. If the fee is to be paid in installments, the debtor must be an individual and must file a signed application for court
approval. Official Form 103A and Fed.R.Bankr.P. 1006(b).
☐
Administrative fee of $75. If the debtor is an individual and the court grants the debtor's request, this fee is payable in installments.
☐
Voluntary Petition for Individuals Filing for Bankruptcy (Official Form 101) or Voluntary Petition for Non-Individuals Filing for
Bankruptcy (Official Form 201). Names and addresses of all creditors of the debtor. Must be filed WITH the petition. Fed.R.Bankr.P. 1007(a)(1).
☐
Notice to Individual Debtor with Primarily Consumer Debts under 11 U.S.C. § 342(b) (Director's Form 2010), if applicable. Required if
the debtor is an individual with primarily consumer debts. The notice must be GIVEN to the debtor before the petition is filed. Certification that the
notice has been given must be FILED with the court in a timely manner. 11 U.S.C. §§ 342(b), 521(a)(1)(B)(iii). Official Form 101 contains spaces for the
certification.
☐
Bankruptcy Petition Preparer’s Notice, Declaration, and Signature (Official Form 119). Required if a “bankruptcy petition preparer”
prepares the petition. Must be submitted WITH the petition. 11 U.S.C. § 110(b)(2).
☐
Statement of Your Social Security Numbers (Official Form 121). Required if the debtor is an individual. Must be submitted WITH the
petition. Fed.R.Bankr.P. 1007(f).
☐
Credit Counseling Requirement (Official Form 101); Certificate of Credit Counseling and Debt Repayment Plan, if applicable; Section
109(h)(3) certification or § 109(h)(4) request, if applicable. If applicable, the Certificate of Credit Counseling and Debt Repayment Plan must be filed
with the petition or within 14 days. If applicable, the § 109(h)(3) certification or the § 109(h)(4) request must be filed WITH the petition. Fed.R.Bankr.P.
1007(b)(3), (c).
☐
Statement disclosing compensation paid or to be paid to a “bankruptcy petition preparer” (Director’s Form 2800). Required if a
“bankruptcy petition preparer” prepares the petition. Must be submitted WITH the petition. 11 U.S.C. §110(h)(2).
☐
(c).
Schedules of Assets and Liabilities (Official Form 106 or 206). Must be filed with the petition or within 14 days. Fed.R.Bankr.P. 1007(b),
☐
Schedule of Executory Contracts and Unexpired Leases (Schedule G of Official Form 106 or 206). Must be filed with the petition or within
14 days. Fed.R.Bankr.P. 1007(b), (c).
☐
Schedules of Current Income and Expenditures. If the debtor is an individual, Schedule I and J of Official Form 106 must be used for this
purpose. Must be filed with the petition or within 14 days. 11 U.S.C. § 521(1) and Fed.R.Bankr.P. 1007(b), (c).
☐
Statement of Financial Affairs (Official Form 107 or 207). Must be filed with the petition or within 14 days. Fed.R.Bankr.P. 1007(b), (c).
☐
Copies of all payment advices or other evidence of payment received by the debtor from any employer within 60 days before the filing of the
petition if the debtor is an individual. Must be filed with the petition or within 14 days. Fed.R.Bankr.P. 1007(b), (c).
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Statement disclosing compensation paid or to be paid to the attorney for the debtor (Director’s Form 2030), if applicable. Must be filed
within 14 days or any other date set by the court. 11 U.S.C. § 329 and Fed.R.Bankr.P. 2016(b).
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Chapter 12 Plan. Must be filed within 90 days. 11 U.S.C. § 1221.
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Statement concerning pending proceedings of the kind described in § 522(q)(1), if applicable. Required if the debtor is an individual and
has claimed exemptions under state or local law as described in §522(b)(3) in excess of $170,350*. Must be filed no later than the date of the last payment
made under the plan or the date of the filing of a motion for a discharge under § 1228(b). 11 U.S.C. § 1228(f) and Fed.R.Bankr.P. 1007(b)(8), (c).
* Amount subject to adjustment on 4/01/22, and every three years thereafter with respect to cases commenced on or after the date of adjustment.
B2000 (Form 2000) (02/20)
REQUIRED LISTS, SCHEDULES, STATEMENTS, AND FEES
Chapter 13 Case
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Filing fee of $235. If the fee is to be paid in installments, the debtor must file a signed application for court approval. Official Form 103A and
Fed.R.Bankr.P. 1006(b).
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Administrative fee of $75. If the court grants the debtor’s request, this fee is payable in installments.
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Voluntary Petition for Individuals Filing for Bankruptcy (Official Form 101). Names and addresses of all creditors of the debtor. Must
be filed WITH the petition. Fed.R.Bankr.P. 1007(a)(1).
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Notice to Individual Debtor with Primarily Consumer Debts under 11 U.S.C. § 342(b) (Director’s Form 2010), if applicable. Required if
the debtor is an individual with primarily consumer debts. The notice must be GIVEN to the debtor before the petition is filed. Certification that the
notice has been given must be FILED with the petition or within 15 days. 11 U.S.C. §§ 342(b), 521(a)(1)(B)(iii), 1307(c)(9). Official Form 101 contains
spaces for the certification.
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Bankruptcy Petition Preparer’s Notice, Declaration, and Signature (Official Form 119). Required if a “bankruptcy petition preparer”
prepares the petition. Must be submitted WITH the petition. 11 U.S.C. § 110(b)(2).
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Statement of Social Security Number (Official Form 121). Must be submitted WITH the petition. Fed.R.Bankr.P. 1007(f).
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Credit Counseling Requirement (Official Form 101); Certificate of Credit Counseling and Debt Repayment Plan, if applicable; Section
109(h)(3) certification or § 109(h)(4) request, if applicable. If applicable, the Certificate of Credit Counseling and Debt Repayment Plan must be filed
with the petition or within 14 days. If applicable, the § 109(h)(3) certification or the § 109(h)(4) request must be filed WITH the petition. Fed.R.Bankr.P.
1007(b)(3), (c).
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Statement disclosing compensation paid or to be paid to a “bankruptcy petition preparer” (Director's Form 2800). Required if a
“bankruptcy petition preparer” prepares the petition. Must be submitted WITH the petition. 11 U.S.C. §110(h)(2).
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Statement of Your Current Monthly Income (Official Form 122C). Must be filed with the petition or within 14 days. Fed.R.Bankr.P. 1007.
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Schedules of Assets and Liabilities (Official Form 106). Must be filed with the petition or within 14 days. Fed.R.Bankr.P. 1007(b), (c).
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Schedule of Executory Contracts and Unexpired Leases (Schedule G of Official Form 106). Must be filed with the petition or within 14
days. Fed.R.Bankr.P. 1007(b), (c).
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Schedules of Current Income and Expenditures (Schedules I and J of Official Form 106). Must be filed with the petition or within 14 days.
11 U.S.C. § 521(1) and Fed.R.Bankr.P. 1007(b), (c).
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Statement of Financial Affairs (Official Form 107). Must be filed with the petition or within 14 days. Fed.R.Bankr.P. 1007(b), (c).
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Copies of all payment advices or other evidence of payment received by the debtor from any employer within 60 days before the filing of
the petition. Must be filed with the petition or within 14 days. Fed.R.Bankr.P. 1007(b), (c).
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Chapter 13 Plan. (Official Form 113), or local form plan (check with your local court for required plan version). Fed.R.Bankr.P
3015.1. Must be filed with the petition or within 14 days. Fed.R.Bankr.P. 3015.
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Statement disclosing compensation paid or to be paid to the attorney for the debtor (Director’s Form 2030), if applicable. Must be filed
within 14 days or any other date set by the court. 11 U.S.C. § 329 and Fed.R.Bankr.P. 2016(b).
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Certification About a Financial Management Course (Official Form 423), if applicable. Must be filed no later than the date of the last
payment made under the plan or the date of the filing of a motion for a discharge under § 1328(b), unless the course provider has notified the court that the
debtor has completed the course. 11 U.S.C. § 1328(g)(1) and Fed.R.Bankr.P. 1007(b)(7), (c).
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Statement concerning pending proceedings of the kind described in § 522(q)(1), if applicable. Required if the debtor has claimed
exemptions under state or local law as described in §522(b)(3) in excess of $170,350*. Must be filed no later than the date of the last payment made under
the plan or the date of the filing of a motion for a discharge under § 1328(b). 11 U.S.C. § 1328(h) and Fed.R.Bankr.P. 1007(b)(8), (c).
* Amount subject to adjustment on 4/01/22, and every three years thereafter with respect to cases commenced on or after the date of adjustment.
This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.