Pending Changes in the Bankruptcy Forms

As of December 1, 2012, the following amendments will take effect.

Official Form 7 (Statement of Financial Affairs) is amended to make the form’s definition of an insider consistent with the definition in the Bankruptcy Code.

Official Forms 9A – 9I (meeting of creditor notices) are updated on the first page and in the claims box on the explanation page to remind creditors that the form should not be included with or attached to any proof of claim or other filing in the case.  Stylistic changes to the form are also made.

Official Form 10 (Proof of Claim) is amended at Section 7 to remind filers to attach the documents required by Rule 3001(c) for claims based on an open-end or revolving consumer credit agreement or claims secured by a security interest in the debtor’s principal residence.  Section 8 is revised to delete a direction requiring an authorized agent to attach a power of attorney if one exists. Rule 9010(c) does not require that an agent’s authority to file a proof of claim be evidenced by a power of attorney.

Official Form 21 (Statement of Social Security Number or Individual Taxpayer-Identification Number) is amended to remind debtors that, in accordance with Rule 1007(f), it should be submitted to the court, but not filed on the public docket. This rule protects an individual debtor’s social-security number or taxpayer-identification number from becoming accessible to the public.

In addition, Director’s Procedural Form 200 (Required Lists, Schedules, Statements and Fees) and Director’s Procedural Form 201A (Notice to Individual Consumer Debtor) will be amended effective November 21, 2012, to conform to the increase in the chapter 11 filing fee which will be effective on that date.