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BANKRUPTCIES

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Bankruptcy Basics Manual

Bankruptcy Basics

Bankruptcy Forms Manual and Forms

Bankruptcy articles and updates:

Marital Settlement Agreements Blessed by Ninth Circuit

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CHAPTER 7 BANKRUPTCY

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$150.00

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http://www.uscourts.gov/bankruptcycourts/bankruptcybasics.html

Bankruptcy Basics

Process
The Discharge in Bankruptcy
Chapter 7. Liquidation Under the Bankruptcy Code
Chapter 13. Individual Debt Adjustment
Chapter 11. Reorganization Under the Bankruptcy Code
Chapter 12. Family Farmer Bankruptcy or Family Fisherman Bankruptcy
Chapter 9. Municipality Bankruptcy
Chapter 15. Ancillary and Other Cross-Border Cases
SCRA. Servicemembers' Civil Relief Act
SIPA. Securities Investor Protection Act
Glossary - Terms You Need to Know

Bankruptcy Basics provides basic information to debtors, creditors, court personnel, the media, and the general public on different aspects of the federal bankruptcy laws. It also provides individuals who may be considering bankruptcy with a basic explanation of the different chapters under which a bankruptcy case may be filed and to answer some of the most commonly asked questions about the bankruptcy process.

On April 20, 2005, President Bush signed into law the Bankruptcy Abuse Prevention and Consumer Protection Act of 2005 ("BAPCPA"). BAPCPA made substantial changes to the Bankruptcy Code. And the Bankruptcy Judges Division has made significant revisions to this online version of Bankruptcy Basics to account for BAPCPA's changes to the Code.

Most BAPCPA changes apply only to cases filed on or after October 17, 2005. Because the Bankruptcy Judges Division anticipates that there will continue to be a demand for the version of Bankruptcy Basics that describes the pre-BAPCPA bankruptcy process (for cases filed prior to October 17), this page contains links to PDF (print friendly) copies of both the pre-BAPCPA version as well as the current online version of Bankruptcy Basics.

Bankruptcy Basics - For Cases Filed on or after October 17, 2005 (pdf)
Bankruptcy Basics - For Cases Filed before October 17, 2005 (pdf)

Finally, Bankruptcy Basics should not substitute for the advice of competent legal counsel or a financial expert. Neither the Bankruptcy Judges Division nor the Administrative Office of the United States Courts can provide legal or financial advice. Such advice may be obtained from a competent attorney, accountant, or financial adviser.

Public Information Series
Bankruptcy Judges Division
Administrative Office of the United States Courts

April 2006
Third Edition

While the information presented is accurate as of the date of publication, it should not be cited or relied upon as legal authority. It should not be used as a substitute for reference to the United States Bankruptcy Code (title 11, United States Code) and the Federal Rules of Bankruptcy Procedure, both of which may be reviewed at local law libraries, or to local rules of practice adopted by each bankruptcy court. Finally, this publication should not substitute for the advice of competent legal counsel.

http://www.uscourts.gov/bkforms/bankruptcy_forms.html

Bankruptcy Forms Manual

Part I - Official Bankruptcy Forms and Instructions
Part II - Director's Procedural Forms and Instructions
Links to Related Material

Part I
OFFICIAL BANKRUPTCY FORMS

The Official Bankruptcy Forms are posted to publicize the content and format of the forms and may be used by the public in bankruptcy cases.

Instructions for some of the Official Bankruptcy Forms are unavailable because they are under revision. The revised Instructions will be posted here as they are available.

Fillable forms. To enhance usability, some of the forms can be filled in electronically. After completion, such "fillable forms" should be printed and filed by using the "print" button at the bottom of the form. If additional space is needed to complete a field in a fillable form, use a separate sheet of paper and include the case name, case number (if known), and a description or the number of the field being continued.

Warning for electronic filers: Certain versions of Adobe Acrobat and other PDF editing software allow the user to save a fillable form after data has been entered, and edit that information at a future date. If a form with saved data is filed electronically, (by someone with internet filing privileges in CM/ECF), the data can be easily extracted. To "flatten" the electronic file (i.e., to make the field data indistinguishable from the rest of the text in the form), "print" the form to PDF (using the print dialogue box), and file the resulting document.

B l Voluntary Petition (1/08) Form \| Exhibit "A" (9/97) \| Exhibit "C" (9/01) \| Exhibit "D" (12/08) \| Instructions \| Committee Notes
B 2 Declaration under Penalty of Perjury on Behalf of a Corporation or Partnership (6/90) Form \| Instructions \| Committee Notes
B 3A Application and Order to Pay Filing Fee in Installments (12/07) Form \| Instructions \| Committee Notes
B 3B Application for Waiver of Chapter 7 Filing Fee (12/07) Form \| Instructions \| Committee Notes
B 4 List of Creditors Holding 20 Largest Unsecured Claims (12/07) Form \| Instructions \| Committee Notes
B 5 Involuntary Petition (12/07) Form \| Instructions \| Committee Notes

B6 Cover Sheet for Schedules (12/07)
B6 Summary of Schedules (Includes Statistical Summary of Certain Liabilities)(12/07)
B 6A Schedule A - Real Property (12/07) Form \| Instructions \| Committee Notes (6A-J)
B 6B Schedule B - Personal Property (12/07) Form \| Instructions
B 6C Schedule C - Property Claimed as Exempt (12/07) Form \| Instructions
B 6D Schedule D - Creditors Holding Secured Claims (12/07) Form \| Instructions
B 6E Schedule E - Creditors Holding Unsecured Priority Claims (12/07) Form \| Instructions
B 6F Schedule F - Creditors Holding Unsecured Nonpriority Claims (12/07) Form \| Instructions
B 6G Schedule G - Executory Contracts and Unexpired Leases (12/07) Form \| Instructions
B 6H Schedule H - Codebtors (12/07) Form \| Instructions
B 6I Schedule I - Current Income of Individual Debtor(s) (12/07) Form \| Instructions
B 6J Schedule J- Current Expenditures of Individual Debtor(s) (12/07) Form \| Instructions
B 6 Declaration Concerning Debtor's Schedules (12/07) Form \| Instructions
B 7 Statement of Financial Affairs (12/07) Form \| Instructions \| Committee Notes
B 8 Chapter 7 Individual Debtor's Statement of Intention (12/08) Form \| Instructions \| Committee Notes
B9 Notice of Commencement of Case under the Bankruptcy Code, Meeting of Creditors, and Deadlines (09/97) Form \| Instructions (9A - 9I) \| Committee Notes (9A-I)
B9A Chapter 7 Individual or Joint Debtor No Asset Case (12/07) Form
B9B Chapter 7 Corporation/Partnership No Asset Case (12/07) Form
B9C Chapter 7 Individual or Joint Debtor Asset Case (12/07) Form
B9D Chapter 7 Corporation/Partnership Asset Case (12/07) Form
B9E Chapter 11 Individual or Joint Debtor Case (12/07) Form
B9E(Alt.) Chapter 11 Individual or Joint Debtor Case (12/07) Form
B9F Chapter 11 Corporation/Partnership Case (12/08) Form
B9F(Alt.) Chapter 11 Corporation/Partnership Case (12/07) Form
B9G Chapter 12 Individual or Joint Debtor Family Farmer (12/07) Form
B9H Chapter 12 Corporation/Partnership Family Farmer (12/07) Form
B9I Chapter 13 Case (12/07) Form
B 10 Proof Of Claim (12/08) Form \| Instructions \| Committee Notes
B 11A General Power of Attorney (06/90) Form \| Instructions \| Committee Notes
B 11B Special Power of Attorney (06/90) Form \| Instructions \| Committee Notes
B 12 Order and Notice for Hearing on Disclosure Statement (12/03) Form \| Instructions \| Committee Notes
B 13 Order Approving Disclosure Statement and Fixing Time for Filing Acceptances or Rejections of Plan, Combined with Notice Thereof (12/03) Form \| Instructions \| Committee Notes
B 14 Ballot for Accepting or Rejecting Plan (12/03) Form \| Instructions \| Committee Notes
B 15 Order Confirming Plan (12/01) Form \| Instructions \| Committee Notes

B 16A Caption (12/07) Form \| Instructions \| Committee Notes
B 16B Caption (Short Title) (12/94) Form \| Instructions \| Committee Notes
B 16C [Abrogated] (12/03) Form \| Committee Notes
B 16D Caption for Use in Adversary Proceeding other than for a Complaint Filed by a Debtor (12/04) Form \| Instructions \| Committee Notes
B 17 Notice of Appeal under 28 U.S.C. §158(a) or (b) from a Judgment, Order or Decree of a Bankruptcy Court (12/04) Form \| Instructions \| Committee Notes
B 18 Discharge of Debtor (12/07) Form \| Instructions \| Committee Notes
B 19 Declaration and Signature of Non-Attorney Bankruptcy Petition Preparer (12/07) Form \| Instructions \| Committee Notes
B 20A Notice of Motion or Objection (12/03) Form \| Instructions \| Committee Notes (20A-B)
B 20B Notice of Objection to Claim (12/03) Form \| Instructions
B 21 Statement of Social Security Number (12/07) Form \| Instructions \| Committee Notes
B 22A Statement of Current Monthly Income and Means Test Calculation (Chapter 7)(12/08) Form \| Instructions \| Committee Notes (22A-C)
B 22B Statement of Current Monthly Income (Chapter 11) (1/08) Form \| Instructions
B 22C Statement of Current Monthly Income and Calculation of Commitment Period and Disposable Income (Chapter 13) (1/08) Form \| Instructions
B 23 Debtor's Certification of Completion of Instructional Course Concerning Financial Management (12/08) Form \| Instructions \| Committee Notes
B 24 Certification to Court of Appeals (12/07) Form \| Instructions \| Committee Notes
B 25A Plan of Reorganization in Small Business Case under Chapter 11 (12/08) Form \| Instructions \| Committee Note
B 25B Disclosure Statement in Small Business Case under Chapter 11 (12/08) Form \| Instructions \| Committee Note
B 25C Small Business Monthly Operating Report (12/08) Form \| Committee Note
B 26 Periodic Report Regarding Value, Operations and Profitability of Entities in Which the Debtor's Estate Holds a Substantial or Controlling Interest (12/08) Form \| Instructions \| Committee Note

Part II
DIRECTOR’S PROCEDURAL FORMS

Forms
The Director's Procedural Forms are posted to publicize the content and format of the forms and may be used by the public in bankruptcy cases. Instructions for some of the Director's Procedural Forms are unavailable because they are under revision. The revised instructions will be posted here as they are available. Fillable forms. To enhance usability, some of the forms can be filled in electronically. After completion, such "fillable forms" should be printed and filed by using the "print" button at the bottom of the form. If additional space is needed to complete a field in a fillable form, use a separate sheet of paper and include the case name, case number (if known), and a description or the number of the field being continued. Warning for electronic filers: Certain versions of Adobe Acrobat and other PDF editing software allow the user to save a fillable form after data has been entered, and edit that information at a future date. If a form with saved data is filed electronically, (by someone with internet filing privileges in CM/ECF), the data can be easily extracted. To "flatten" the electronic file (i.e., to make the field data indistinguishable from the rest of the text in the form), "print" the form to PDF (using the print dialogue box), and file the resulting document.
B 13S Order Conditionally Approving Disclosure Statement, Fixing Time for Filing Acceptances or Rejections of Plan, and Fixing the Time for Filing Objections to the Disclosure Statement and to the Confirmation of the Plan, Combined with Notice Thereof and of the Hearing on Final Approval of the Disclosure Statement and the Hearing on Confirmation of the Plan (08/07) Form \| Instructions
B 15S Order Finally Approving Disclosure Statement and Confirming Plan (08/07) Form \| Instructions
B 18F Discharge of Debtor After Completion of Chapter 12 Plan (08/07) Form \| Instructions
B 18FH Discharge of Debtor Before Completion of Chapter 12 Plan (08/07) Form \| Instructions
B 18J Discharge of Joint Debtors (Chapter 7) (08/07) Form \| Instructions
B 18JO Discharge of One Joint Debtor (Chapter 7) (08/07) Form \| Instructions
B 18W Discharge of Debtor After Completion of Chapter 13 Plan (08/07) Form \| Instructions
B 18WH Order Discharging Debtor Before Completion of Chapter 13 Plan (08/07) Form \| Instructions
B 104 Adversary Proceeding Cover Sheet (08/07) Form \| Instructions
B 131 Exemplification Certificate (09/94) Form \| Instructions
B 132 Application for Search of Bankruptcy Records (12/08) Form \| Instructions
B 133 Claims Register (01/88) Form \| Instructions
B 200 Required Lists, Schedules, Statements and Fees (12/08) Form \| Instructions
B 201 Notice to Individual Consumer Debtor (12/08) Form \| Instructions
B 202 Statement of Military Service (08/07) Form
B 203 Disclosure of Compensation of Attorney for Debtor (12/94) Form \| Instructions
B 204 Notice of Need to File Proof of Claim Due to Recovery of Assets (08/07) Form \| Instructions
B 205 Notice to Creditors and Other Parties in Interest (08/07) Form \| Instructions
B 206 Certificate of Commencement of Case (08/07) Form \| Instructions
B 207 Certificate of Retention of Debtor In Possession (08/07) Form \| Instructions
B 210 Notice of Transfer of Claim Other Than for Security (10/06) Form \| Instructions
B 230A Order Confirming Chapter 12 Plan (08/07) Form \| Instructions
B 230B Order Confirming Chapter 13 Plan (08/07) Form \| Instructions
B 231A Order Fixing Time to Object to Proposed Modification of Confirmed Chapter 12 Plan (08/07) Form \| Instructions
B 231B Order Fixing Time to Object to Proposed Modification of Confirmed Chapter 13 Plan (08/07) Form \| Instructions
B 240A Reaffirmation Agreement (01/07) Form
B 240B Order on Reaffirmation Agreement (01/07) Form
B 250A Summons in an Adversary Proceeding (08/96) Form \| Instructions
B 250B Summons and Notice of Pretrial Conference in an Adversary Proceeding (08/96) Form \| Instructions
B 250C Summons and Notice of Trial in an Adversary Proceeding (08/96) Form \| Instructions
B 250D Third-Party Summons (08/96) Form \| Instructions
B 250E Summons to Debtor in Involuntary Case (06/91) Form \| Instructions
B 253 Order for Relief in an Involuntary Case (08/07) Form \| Instructions
B 254 Subpoena for Rule 2004 Examination (12/07) Form \| Instructions
B 255 Subpoena in an Adversary Proceeding (12/07) Form \| Instructions
B 256 Subpoena in a Case Under the Bankruptcy Code (12/07) Form \| Instructions
B 260 Entry of Default (01/96) Form \| Instructions
B 261A Judgment by Default (08/96) Form \| Instructions
B 261B Judgment by Default (08/96) Form \| Instructions
B 262 Notice of Entry of Judgment (01/88) Form \| Instructions
B 263 Bill of Costs (09/94) Form \| Instructions
B 264 Writ of Execution to the United States Marshal (01/96) Form \| Instructions
B 265 Certification of Judgment for Registration in Another District (08/96) Form \| Instructions
B 270 Notice of Filing of Final Report of Trustee, of Hearing on Applications for Compensation [and of Hearing on Abandonment of Property by the Trustee] (08/07) Form \| Instructions
B 271 Final Decree (08/06) Form \| Instructions
B 280 Disclosure of Compensation of Bankruptcy Petition Preparer (10/05) Form \| Instructions
B 281 Appearance of Child Support Creditor or Representative (08/06) Form \| Instructions
B 283 Chapter 13 Debtor's Certifications Regarding Domestic Support Obligations and Section 522(q) (12/08) Form \| Instructions

LINKS TO RELATED MATERIAL

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