The contents of this page are designed to assist attorneys and parties participating in bankruptcy cases and proceedings in the District of Minnesota in acclimating to the new Official Bankruptcy Forms. These resources are not intended as a substitute for thorough review of the actual forms, committee comments and instructions.
Quick Links to the individual sections on this page:
Most Official Bankruptcy Forms are scheduled to be replaced with substantially revised, reformatted, and renumbered versions, effective December 1, 2015.
These new forms are part of a forms modernization project that began in 2008. The new forms introduce different versions of the petition, schedules and statements for individual and non-individual debtors. The new forms are designed to be easier for debtors to understand and complete, and to work with scheduled enhancements to CM/ECF.
The following official forms are scheduled to be replaced: 1, 2, 3A, 3B, 4, 5, 6 Summary, 6 Declaration, 6A-J, 7, 8, 9A–I, 10, 10A, 10S1, 10S2, 11A, 11B, 12, 13, 14, 15, 16A, 16C, 16D, 17A, 17B, 17C, 18, 19, 22A1 through 22C2 and 27. PLEASE NOTE that Official Form 23 is also among the forms to be replaced, but the U.S. Bankruptcy Court for the District of Minnesota does not require submission of this form, per Local Rule 1007-1(c).
In addition, virtually all the director’s bankruptcy forms (current forms 13S, 15S, 18F–18WH, and 104–283) are scheduled to be replaced by updated and renumbered versions.
Debtors' attorneys should contact their software vendors for more information.
For detailed information on the forms, see:
- Pending Official Bankruptcy Forms and Director's Forms: http://www.uscourts.gov/rules-policies/pending-rules-amendments/pending-changes-bankruptcy-forms
- Instructions for Bankruptcy Forms for Individuals: http://www.uscourts.gov/file/18169/download
- Instructions for Bankruptcy Forms for Non-Individuals: http://www.uscourts.gov/file/18168/download
- Form Conversion Chart: http://www.uscourts.gov/file/18167/download
Filing Requirements as of 12/01/2015
Chapter 7 Individual Debtor(s)
Chapter 7 Non-Individual Debtor
Chapter 11 Individual Debtor(s)
Chapter 11 Non-Individual Debtor
Chapter 11 Small Business Debtor
Chapter 12 Individual Debtor
Chapter 12 Non-Individual Debtor
Conversion Filing Requirements
Comparison: Form 1 to Form 101 (Voluntary petition for individual debtor(s))
Comparison: Form 1 to Form 201 (Voluntary petition for non-individual debtor)
Local Rule and Form Changes
Certain local rule and form amendments will take effect December 1, 2015, as more fully described below:
- Amendments to Local Rules 1005-1, 1007-1(c), 1009-1(b) and (c), 1019-1(a)(1) and (b), 2016-1(d)(1)(i), 3015-2(b), 4008-1(b) change form and schedule names, numbers and language to conform to the new official forms.
- Amendments to Local Forms 1019-1, 1007-3-1(7) and 1007-3-1(13) change references to "Debtor" and "Joint Debtor" to "Debtor 1" and "Debtor 2," to conform to the language of the new official forms.
- New Local Rule 2016-1(e) establishes maximum compensation of $90 for non-attorney petition preparers, unless the court approves otherwise.
- An amendment to Local Rule 3015-2(b) clearly identifies the time period for service of a motion for postconfirmation modification of a chapter 13 plan. Previously, calculation of this period required review of multiple local rules. The time period has also been changed from 26 to 28 days to conform to the rules standard of time calculation using multiples of 7.
- An amendment to the Local Form 2016-1 Order removes the second paragraph authorizing the trustee to disburse funds to the fee applicant, reflecting the U.S. Supreme Court's recent decision in Harris v. Viegelahn.
- The amendments to Local Form 1007-1 acknowledge that attorneys are statutorily required to execute a written contract (e.g., retainer agreement) with their clients. Therefore, references to that contract have been added to the form.
For a redlined version of the above-noted rule and form amendments, click here.
If you have additional questions, please submit them here.
What happens if I file a case after December 1 using old forms?
The United States Bankruptcy Court for the District of Minnesota will require use of the new official bankruptcy forms for all cases filed on and after December 1, 2015.
If attorneys or pro se debtors file new cases using old forms, the court will issue an order on partial case filing. This will require submission of an amended petition, schedules and statements within 14 days using the new forms. Similarly, if attorneys or pro se debtors file individual cases using the forms for non-individuals or vice versa, the court will issue an order on partial case filing requiring submission of the correct forms within 14 days.
The local form Notices of Responsibilitiies, Signature Declaration and Payment Advices Cover Sheet have been amended to change references to "Debtor" and "Joint Debtor" with "Debtor 1" and "Debtor 2." See links to the updated forms in the Filing Requirements as of 12/01/15 section above. Though the Clerk's Office will NOT issue orders on partial case filing if attorneys and pro se parties use the old versions of these forms after December 1, 2015, attorneys and parties are encouraged to begin using these updated local forms as soon as possible.
I note that neither new Schedule A/B nor new Schedule C appear to provide space for me to include the complete legal description of my client's real property. Do I need to include the complete legal description and if so, where?
Yes, you DO need to include on Schedule C the complete legal description for any real property claimed as exempt. Local Rule 1007-1(b) provides:
(b) SCHEDULE C: PROPERTY CLAIMED AS EXEMPT. The description of property in schedule C shall specifically identify the property, including the legal description if the property is real estate,for which exemption is claimed.
If your petition preparation software does not allow you to add the full legal description of any real property in the "brief description" field on Schedule C, Part 1, Question 2, you should add an exhibit or attachment to Schedule C identifying the real property and its full legal description.
Where on the new petition form should an individual debtor identify any “asf”s (“as surety for”)?
“Asf” information should be included on the Voluntary petition (Form 101) in Part 1, Question 2 (all other names used in the last 8 years), but could also be included on Form 101, Part 1, Question 4 (any business names used in the last 8 years).
My client rents her residence. Her landlord recently obtained an eviction judgment against her, but she wishes to stay in her apartment. What forms are required when filing her bankruptcy case?
If the debtor answers "yes" to both questions on the Voluntary petition (Form 101), Part 2, Question 11, the debtor should complete and file the Initial statement about an eviction judgment against you (Form 101A).
If the the debtor wishes to stay in her rented residence for more than 30 days after the filing of her bankruptcy petition, the debtor should also complete and file the Statement about payment of an eviction judgment against you (Form 101B).
Both forms must be served on the debtor's landlord and proof of such service filed with the court.
If the debtor intends to deposit rent with the bankruptcy court clerk (see Form 101A, Certification), any such rent deposit must be in the form of a certified check or money order payable to the landlord.
How has the Proof of Claim form (Form 410) changed?
The revised Proof of Claim form (Form 410) has been substantially reorganized and renumbered to distinguish it from case opening forms. The revisions are designed to make the form easier to read, leading to more complete and accurate responses. To that end, open-ended questions and multiple-part instructions were replaced with more specific questions. The most significant changes are on the Mortgage Proof of Claim Attachment (Form 410A). In addition to the general revisions made to all of the revised forms, this form now requires mortgage claimants to provide a loan history that reveals when payments were received, how they were applied, when fees and charges were incurred, and when escrow charges were satisfied. Because completion of the revised form can be automated, it will permit claimants to comply with Rule 3001(c)(2)(C) more efficiently and accurately. Attachment of the loan history will also provide transparency about the basis for the claimant’s calculation of the claim and arrearage amount.
Do I use the new Proof of Claim form on and after December 1, 2015 even if the bankruptcy case was filed prior to that date?
Yes! We prefer that you use the new proof of claim form (i.e., the 12/1/15 version) for all cases --- both those filed before 12/1/15 and those filed 12/1/15 and after. But we will accept both old and new claim forms after December 1.
Beginning December 1, 2015, will the District of Minnesota use one of the December 2015 versions of the Reaffirmation Agreement (Director's Forms 2400A or 2400A/B ALT)?
No. The Bankruptcy Court for the District of Minnesota will continue to require use of Local Form 4008-1 as its Reaffirmation Agreement. This document is modeled on the January 2007 Director's Form Reaffirmation Agreement, identified as Form 240A. Beginning December 1, 2015, that document should be accompanied by the updated Cover Sheet for Reaffirmation Agreement, new Official Form 427.