Administrative Office of the U.S. Courts Department of Technology Services Official 2015 Bankruptcy Forms in CM/ECF Overview for Attorney December 1, 2015.

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Presentation transcript:

Administrative Office of the U.S. Courts Department of Technology Services Official 2015 Bankruptcy Forms in CM/ECF Overview for Attorney December 1, 2015

Administrative Office of the U.S. Courts Department of Technology Services New Official Bankruptcy Forms will become effective December 1, The case opening process for voluntary and involuntary bankruptcy cases remains the same. CM/ECF bankruptcy case opening screens will be modified to include some changes to the new 2015 forms (petition and schedules). Dec. 1, 2015 Bankruptcy Forms Implementing 2015 Forms in CM/ECF

Administrative Office of the U.S. Courts Department of Technology Services Dec. 1, 2015 Bankruptcy Forms Case Opening Forms

Administrative Office of the U.S. Courts Department of Technology Services Dec. 1, 2015 Bankruptcy Forms Case Opening Forms

Administrative Office of the U.S. Courts Department of Technology Services Dec. 1, 2015 Bankruptcy Forms Case Opening Forms

Administrative Office of the U.S. Courts Department of Technology Services Dec. 1, 2015 Bankruptcy Forms Case Opening Forms Case Opening Form B101 Voluntary Petition for Individual Debtors This form is now 8 pages Includes credit counseling information, Exhibit D now included as part of the petition. Includes chapter 7 and 11 individual business data Language and instructions are now simpler on all forms There are comprehensive instructions accompanying all the new forms.

Administrative Office of the U.S. Courts Department of Technology Services Dec. 1, 2015 Bankruptcy Forms Form Voluntary Petition for Individuals Nature of Debt: Business Consumer Other New

Administrative Office of the U.S. Courts Department of Technology Services Dec. 1, 2015 Bankruptcy Forms Form Voluntary Petition for Individuals Nature of Business Railroad Clearing Bank Disabled for Individual debtors.

Administrative Office of the U.S. Courts Department of Technology Services Dec. 1, 2015 Bankruptcy Forms Form Voluntary Petition for Individuals Est Assets and Est Liabilities Code J is deactivated >$1 billion New codes K, L, M >$1-50 billion

Administrative Office of the U.S. Courts Department of Technology Services Dec. 1, 2015 Bankruptcy Forms Form 201 Voluntary Petition for Non-Individuals New Nature of Business codes: Investment Company Investment Advisor Other changed to None of the Above

Administrative Office of the U.S. Courts Department of Technology Services Dec. 1, 2015 Bankruptcy Forms Form 201 Voluntary Petition for Non-Individuals New NAICS business codes: New Chapter 11 Fields Debtor is Required to file periodic reports Debtor is a shell company

Administrative Office of the U.S. Courts Department of Technology Services Form B401 Chapter 15 Case Opening Dec. 1, 2015 Bankruptcy Forms Petition for Recognition of Foreign Proceeding Foreign Main Proceeding Foreign Nonmain Proceeding Foreign Main Proceeding, or in the alternative, foreign Nonmain Proceeding

Administrative Office of the U.S. Courts Department of Technology Services Form B401 Chapter 15 Case Opening Dec. 1, 2015 Bankruptcy Forms Limited statistical data collected for Chapter 15. Only Fee Status and Type of Debtor will be captured from this Chapter 15 statistical case opening screen. Petition for Recognition of Foreign Proceeding

Administrative Office of the U.S. Courts Department of Technology Services Chapter 11 Case Opening Dec. 1, 2015 Bankruptcy Forms None of the Above Limited statistical data collected for Chapter 15. EOUST Statistical screen This field is not required, but an error message will display if checked for any chapter other than Chapter 11.

Administrative Office of the U.S. Courts Department of Technology Services Dec. 1, 2015 Bankruptcy Forms Schedules A and B combined into Schedule A/B. Schedules E and F combined into Schedule E/F. New form numbers and form names for schedules Separate A/B Forms for Individual and Non-Individual debtors. Separate E/F Forms for Individual and Non-Individual debtors.

Administrative Office of the U.S. Courts Department of Technology Services Dec. 1, 2015 Bankruptcy Forms Schedules and Summary of Schedules New Schedules have separate Individual and Non-Individual forms and new form numbers. Individual Non-Individual B106A/B B206A/B B106D B206D B106E/F B206E/F B106G B206G B106H B206H

Administrative Office of the U.S. Courts Department of Technology Services Although the forms are combined, there are still separate fields for: Real estate/property (Formerly Schedule A) Personal property (Formerly Schedule B) Priority unsecured claims (Formerly Schedule E) Non-priority unsecured claims (Formerly Schedule F) Users will be prompted to enter separate amounts for each field when docketing Schedule A/B and Schedule E/F. Dec. 1, 2015 Bankruptcy Forms Schedules and Summary of Schedules

Administrative Office of the U.S. Courts Department of Technology Services Dec. 1, 2015 Bankruptcy Forms Schedules and Summary of Schedules Schedules I and J only apply to individual debtors. Individual B106I - Income B106J – Expenses

Administrative Office of the U.S. Courts Department of Technology Services Dec. 1, 2015 Bankruptcy Forms Schedules and Summary of Schedules New Form: B106J-2 Expenses for Separate Household of Debtor 2 The total of Debtors 1 and 2 expenses will be included on line 22b of Schedule J Copy the result to line 22b of Schedule J to calculate the total expenses for Debtor 1 and Debtor 2.

Administrative Office of the U.S. Courts Department of Technology Services Dec. 1, 2015 Bankruptcy Forms Summary of Your Assets and Liabilities and Certain Statistical Information (Form B106Sum)

Administrative Office of the U.S. Courts Department of Technology Services Dec. 1, 2015 Bankruptcy Forms Meeting of Creditors Notices (Form B9A) Prior to Dec. 1, 2015 Chapter 7 No Asset Case

Administrative Office of the U.S. Courts Department of Technology Services Dec. 1, 2015 Bankruptcy Forms Revised Meeting of Creditors Notices (Form 309A) Dec. 1, 2015 Chapter 7 No Asset Case

Administrative Office of the U.S. Courts Department of Technology Services Dec. 1, 2015 Bankruptcy Forms Additional Considerations of Impact of December 2015 Official Forms on Bankruptcy Filings Your court will advise you regarding changes affecting: Local rules to comply with new FRBP requirements Court filing procedures Contacting petition preparer software vendors prior to December 1 New and modified docketing events New and modified noticing forms

Administrative Office of the U.S. Courts Department of Technology Services Resources Pending changes for 2015 Bankruptcy Forms on US Courts Web Site Dec. 1, 2015 Bankruptcy Forms