Amended and New forms effective December 2008
The following Bankruptcy Forms have been changed, effective December 1, 2008. Please note that use of old versions of the forms in cases filed on or after December 1, 2008 will result in the issuance of an order on partial filing requiring the filing of the applicable new versions of the forms.
Exhibit D to the Official Form B 1 Petition: This form has been amended to delete reference in paragraph 3 to a requirement that a debtor file a motion to approve postponement of the debtor’s obligation to obtain credit counseling prior to case commencement.
Official Form B 8 Chapter 7 Individual Debtor’s Statement of Intention: This form has been amended and reformatted to require more detailed information concerning leased personal property and property subject to security interests and to more fully describe the actions the debtor intends to take for each listed asset. In addition, the form is amended to specify that the debtor’s signature is a declaration under penalty of perjury, as required by Rule 1008, and to provide space for the co-debtor’s signature.
Official Form B 10 Proof of Claim: The form is amended to instruct the claimant that the information contained in or attached to a claim based on the delivery of health care goods or services should be limited to avoid embarrassment or the unnecessary disclosure of confidential information. The claimant is informed that additional disclosure may be required if the trustee or another party in interest objects to the claim. Page two of the form is also amended to revise slightly the definitions of “creditor” and “claim” to conform more closely to the definitions of those terms in the Code.
Director’s Procedural Form B 201 Notice to Individual Consumer Debtor: This form has been amended to advise debtors that Rule 4002 requires the debtor to notify the court of any changes in the debtor's address. The revised form also states that joint debtors who list the same mailing address on the bankruptcy petition will generally receive a single copy of each notice mailed from the bankruptcy court in a jointly-addressed envelope.
Note that Official Form B 23 Debtor’s Certification of Completion of Postpetition Instructional Course Concerning Financial Management has also been amended. The U.S. Bankruptcy Court for the District of Minnesota does not require this form; the debtor need only file the certificate from the debtor education course provider.
The following new bankruptcy forms are effective December 1, 2008:
Official Form B 25A Plan of Reorganization in Small Business Case under Chapter 11
Official Form B 25B Disclosure Statement in Small Business Case under Chapter 11
Official Form B 25C Small Business Monthly Operating Report
Official Form B 26 Periodic Report Regarding Value, Operation and Profitability of Entities in Which the Debtor’s Estate Holds a Substantial or Controlling Interest
The following form change will take effect on December 19, 2008:
Official Form B 22A Statement of Current Monthly Income and Means Test calculation (chapter 7): The National Guard and Reservists Debt Relief Act of 2008, Pub.L. 110-438, provides a temporary exclusion from the bankruptcy means test for Reservists and members of the National Guard called to active duty or homeland defense activity after September 11, 2001, for at least 90 days. The Judicial Conference has approved an amendment to Official Form 22A which includes a new Part 1C where qualifying debtors can invoke the temporary exclusion from the means test. The amended form will be effective on December 19, 2008, the same date the statute takes effect.