Filing Bankruptcy in December? You Need to Read This.

Something big happened this month in the bankruptcy universe. The official forms provided by the United States Bankruptcy Court completely changed as of December 1, 2015.

Unlike official forms in other types of legal proceedings, these bankruptcy forms — often called the “petition and schedules” — are mandatory for all bankruptcy filers. Said another way, it is not possible to declare bankruptcy without using the official forms provided by the Court.

The folks who control what the forms look like have been working for a number of years to modernize the paperwork. For the most part, the content and questions of the forms have not drastically changed. Instead, changes are related to formatting and wording. The court also has separate forms for individual bankruptcy filers and corporate bankruptcy filers. The form numbers have changed as well.

The most obvious change people will notice is that a standard Chapter 7 bankruptcy petition is now much, much longer. Because of formatting changes, a typical bankruptcy will have an additional 10-15 pages of paper — maybe even more.

Most bankruptcy law firms utilize software that allows for the efficient production of the bankruptcy forms. I use “BestCase” here in my office. The software translates the data that I provide and places it in the appropriate spots on the bankruptcy forms. Pro se individuals can download forms bundles from the Bankruptcy Court that allow you to enter data directly onto the forms — but calculations are not done for you.

Don’t be caught off guard. If you are filing your own bankruptcy, from here on out you must use the new bankruptcy forms. The old forms are considered invalid and may not be accepted for filing by the clerk of the bankruptcy court. This is especially important if you are rushing to file to stop a garnishment or foreclosure — using the wrong forms could have disastrous results.

If you are filing for bankruptcy in the Sacramento area, you should call my office. I represent bankruptcy filers for Chapter 7 and Chapter 13 and can guide you through the process step by step. You can reach me at (916) 333-2222.

Attorney Rick Morin

Share
Published by
Attorney Rick Morin

Recent Posts

Outdoor Dining Tables are a New ADA Lawsuit Trap

Prolific filers of ADA lawsuits in California are always looking for something new to sue…

4 years ago

Scott Johnson Criminal Case Update

Most people know by now that serial ADA lawsuit filer Scott Johnson was indicted by…

4 years ago

ADA Website Lawsuits: A New Frontier in California

By now most business owners in California know that their businesses must comply with the…

4 years ago

How To Stop Wage Theft in California

Wage theft happens all of the time in California. For many reasons, wage theft is…

4 years ago

How to Calculate California Overtime

Calculating overtime pay in California can be tricky. Unlike Federal law, overtime in California is…

4 years ago

Jose Velez Scores a Win in the 9th Circuit

Jose Velez is a relatively new entrant to the world of frequent ADA litigation in…

4 years ago