Instructions - United States Courts

Instructions

Bankruptcy Forms for Individuals

U.S. Bankruptcy Court

|

December 2015 (Rev.

April 2022)

About this Booklet of Instructions ..................................................................................... 1

About the bankruptcy forms and filing bankruptcy ..................................................................................................2

Understand the terms used in the forms.................................................................................................................2

Things to remember when filling out these forms ...................................................................................................4

On what date was a debt incurred? ........................................................................................................................4

About the Process for Filing a Bankruptcy Case for Individuals ........................................................ 5

Notice Required by 11 U.S.C. ¡ì 342(b) for Individuals Filing for Bankruptcy (Form 2010) .............. 10

The types of bankruptcy that are available to individuals .....................................................................................10

Bankruptcy crimes have serious consequences...................................................................................................13

Make sure the court has your mailing address .....................................................................................................13

Understand which services you could receive from credit counseling agencies ..................................................13

Instructions for Selected Forms...................................................................................... 15

Schedule A/B: Property (Official Form 106A/B) ............................................................................... 16

Schedule C: The Property You Claim as Exempt (Official Form 106C)........................................... 18

Schedule D: Creditors Who Have Claims Secured by Property (Official Form 106D) ..................... 19

Schedule E/F: Creditors Who Have Unsecured Claims (Official Form 106E/F) .............................. 22

Schedule G: Executory Contracts and Unexpired Leases (Official Form 106G) ............................. 26

Schedule H: Your Codebtors (Official Form 106H) ......................................................................... 27

Schedule I: Your Income (Official Form 106I) ................................................................................. 28

Schedule J: Your Expenses (Official Form 106J) ............................................................................ 30

Summary of Your Assets and Liabilities and Certain Statistical Information (Official Form

106Sum).......................................................................................................................................... 31

Statement of Financial Affairs for Individuals Filing for Bankruptcy (Official Form 107) .................. 32

Chapter 7 Statement of Your Current Monthly Income and Means Test Calculation (Official

Forms 122A¨C1, 122A-1Supp, and 122A¨C2) .................................................................................... 33

Chapter 11 Statement of Your Current Monthly Income (Official Form 122B)................................. 35

Chapter 13 Statement of Your Current Monthly Income, Calculation of Commitment Period

and Chapter 13 Calculation of Your Disposable Income (Official Forms 122C¨C1 and 122C¨C2)...... 36

Statement of Intention for Individuals Filing Under Chapter 7 (Official Form 108) ........................... 38

Application for Individuals to Pay the Filing Fee in Installments (Official Form 103A) ..................... 40

Application to Have the Chapter 7 Filing Fee Waived (Official Form 103B) .................................... 41

For Individual Chapter 11 Cases: List of Creditors Who Have the 20 Largest Unsecured

Claims Against You and Are Not Insiders (Official Form 104) ......................................................... 38

Glossary ................................................................................................................... 40

Definitions of Some Terms Used in the Forms for Individuals Filing for Bankruptcy ....................... 41

About this Booklet of Instructions

This booklet provides instructions for

completing selected forms that individuals

filing for bankruptcy must submit to the U.S.

Bankruptcy Court. You can download all of the

required forms without charge from:



ruptcyForms.aspx.

The instructions are designed to accompany the

forms and are intended to help you understand

what information is required to properly file.

You are responsible for properly completing the

forms. These instructions are not intended to

provide, and should not be understood to

provide, legal advice. They are not designed to

fully explain, or to be relied upon in

interpreting, the law.

Completing the forms is only a part of the

bankruptcy process. You are strongly

encouraged to hire a qualified attorney not only

to help you complete the forms but also to give

you general advice about bankruptcy and to

represent you in your bankruptcy case. If you

cannot afford to pay an attorney, you might

qualify for free legal services if they are

provided in your area. Contact your state or

local bar association for help in obtaining free

legal services or in hiring an attorney.

About this Booklet of Instructions

Note: It is extremely difficult to succeed in a

chapter 11, 12, or 13 case without an

attorney.

If an attorney represents you, you must provide

information so the attorney can prepare your

forms. Once the attorney prepares the forms,

you must make sure that the forms are accurate

and complete. These instructions may help you

perform those tasks. If you are filing for

bankruptcy without the help of an attorney, this

booklet tells you which forms must be filed and

provides information about them.

You should carefully read this booklet and keep

it with your records. Review the individual

forms as you read the instructions for each.

Although bankruptcy petition preparers can

help you type the bankruptcy forms, they cannot

tell you how to complete the forms, they cannot

file the documents for you, and they cannot give

you legal advice. Court employees cannot give

you legal advice, either.

page 1

Read These Important Warnings

Because bankruptcy can have serious long-term financial and legal consequences, including

loss of your property, you should hire an attorney and carefully consider all of your options

before you file. Only an attorney can give you legal advice about what can happen as a result

of filing for bankruptcy and what your options are. If you do file for bankruptcy, an attorney

can help you fill out the forms properly and protect you, your family, your home, and your

possessions.

Although the law allows you to represent yourself in bankruptcy court, you should understand

that many people find it difficult to represent themselves successfully. The rules are technical,

and a mistake or inaction may harm you. If you file without an attorney, you are still

responsible for knowing and following all of the legal requirements.

You should not file for bankruptcy if you are not eligible to file or if you do not intend to file

the necessary documents.

Bankruptcy fraud is a serious crime; you could be fined and imprisoned if you commit fraud in

your bankruptcy case. 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. ¡ì¡ì 152, 1341, 1519, and 3571.

About the bankruptcy forms and

filing bankruptcy

Use the forms that are numbered in the 100

series to file bankruptcy for individuals or

married couples. Use the forms that are

numbered in the 200 series if you are preparing

a bankruptcy on behalf of a nonindividual, such

as a corporation, partnership, or limited liability

company (LLC). Sole proprietors must use the

forms that are numbered in the 100 series.

When a bankruptcy is filed, the U.S.

Bankruptcy Court opens a case. It is important

that the answers to the questions on the forms

be complete and accurate so that the case

proceeds smoothly. A person filing bankruptcy

About this Booklet of Instructions

who gives false information could be charged

with a federal crime or could lose all the

benefits of filing for bankruptcy.

You should understand that filing a bankruptcy

case is not private. Anyone has a right to see

your bankruptcy forms after you file them,

unless the court orders otherwise under

11 U.S.C. ¡ì 107. Certain information in court

filings, however, must be protected from public

disclosure under Bankruptcy Rule 9037.

Understand the terms used in the

forms

The forms for individuals use you and Debtor 1

page 2

to refer to a debtor filing alone. A married

couple may file a bankruptcy case together¡ª

called a joint case¡ªand in joint cases, these

forms use you to ask for information from both

debtors.

About this Booklet of Instructions

page 3

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