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Bankruptcy Forms:
1. Notice to Individual Debtor with Primarily Consumer Debts - Informational Notice to the debtor. Must be signed by the debtor (and non-attorney petition preparer, if any) and filed with the bankruptcy petition or within 15 days. BK Doc 1.doc
2. Voluntary Petition - The voluntary bankruptcy petition provides the bankruptcy court with information about you and the debts that you owe. When you file a voluntary petition, you are voluntarily seeking relief under the Bankruptcy Code. The filing of the petition operates automatically to invoke the stay. You will be asked to provide information concerning your assets, the location of your principal assets, the nature of your debts, and the amount of your estimated debts. Be prepared to list all names that you have used within the last eight years. If you are filing a joint petition with your spouse, he/she must also include a current mailing address, a social security number or tax identification number, and all names he/she has used within the last eight years. BK Doc 2.doc
3. Exhibit "A" - Exhibit "A" must be completed as an attachment to the the bankruptcy form if you are required to file periodic reports with the Securities Exchange Commission pursuant to Section 13 or 15(d) of the Securities Exchange Act of 1934 and you are requesting relief under chapter 11 of the Bankruptcy Code. If any of your securities are registered under Section 12 of the Securities Exchange Act of 1934, you must list the SEC number. You are also required to give a brief description of your business and list the names of any person who directly or indirectly owns, controls, or holds, with power to vote, a certain percentage of your voting securities. BK Doc 3.doc
4. Exhibit "C"- You must complete Exhibit "C" if you own or possess property that poses or is alleged to pose a threat of imminent and identifiable harm to the public health or safety. You are required to identify and briefly describe the property. You must also describe the nature and the location of the dangerous condition, whether environmental or otherwise. BK Doc 4.doc
5. Exhibit "D" - Individual debtors may not be aware of the requirement to obtain prepetition credit counseling, the few and very narrow exceptions to that requirement, or the potentially dire consequences to their efforts to obtain bankruptcy relief if they fail to complete the requirement. Accordingly, page 2 of the petition instructs individual debtors to attach a completed Exhibit D and makes it clear that each spouse in a joint case must complete and attach a separate Exhibit D. Exhibit D itself includes a warning about the requirement to obtain counseling and the consequences of failing to fulfill this requirement. It further provides checkboxes and instructions concerning the additional documents that are required in particular circumstances, in order to minimize the number of cases which the court must dismiss for ineligibility. BK Doc 5.doc
6. Disclosure of Debtor's Attorney's Compensation- If the debtor is represented by an attorney in, or in connection with, the bankruptcy case, this form must be filed by the attorney - see official instructions attached to the form. BK PDF 6.pdf
7. Declaration under Penalty of Perjury on Behalf of a Corporation or Partnership - If you are the president, an officer, or another authorized agent of a corporation or a partnership, you must complete this form. The form verifies that you have read the described materials and that the information stated in in the document(s) is true and correct to the best of your knowledge and belief. BK Doc 7.doc
8. . Application to Pay Filing Fee in Installments and Standard Order - Use this form only if you request that the filing fee is to be paid in installments. Use of this form certifies that you are unable to pay the filing fee except in installments. You will be allowed to create your proposed payment plan for the filing fee. However, if the number of installments exceed a minimum level, the final installment must normally be paid no later than 120 days after the filing of the petition. If you fail to pay any installment, your case may be dismissed and you may not receive a discharge of your debts. BK Doc 8, page 1.pdf , BK Doc 8, page 2.pdf
9. Application for Waiver of Chapter 7 Filing Fee and Standard Order -This form is new for the 2005 Act. It is only usable under Chapter 7. It is possible to have the filing fee waived if the court determines that the filing individual has income less than 150 percent of the official poverty line applicable to a family of the size invovled, and is unable to pay by installments. A standard order is included. BK Doc 9.pdf
10. List of Creditors Holding 20 Largest Unsecured Claims - Not Needed for Chapter 7 or 13 -Use this form only if you are filing a chapter 11 or chapter 9 case. This form will represent a listing of your 20 largest unsecured claims. You must list the following information about each creditor: Name and address of the creditor, the name and address of a person who may be contacted concerning your debt with the creditor, the nature of the claim, and the amount of the claim. BK Doc 10.doc
11. Involuntary Petition - Not used except in involuntary proceedings. - An involuntary petition may be filed against you by your creditors. Involuntary bankruptcy is beyond the scope of this website and its downloadable documents. BK Doc 11.doc
12. Schedules - This page lists the various schedules which you will need. You are encouraged to review the specific instructions for each schedule before you complete the schedule. BK Doc 12.pdf
13. Summary of Schedules - Use this form to indicate whether the listed schedules are attached and state the number of pages in each. Also, remember to report the totals from Schedules A, B, D, E, F, I and, J in the boxes provided. Add the amounts from Schedules A and B to determine the total amount of your assets. Add the amounts from Schedules D, E. and F to determine the total amount of your liabilities. BK Doc 13.doc
14. Schedule A - Real Property - Use this Schedule A to list all real property which you have any legal, equitable, or future interest. This includes all property owned as a cotenant, community property, or in which the debtor has a life estate. Do not include any interest you may have in executory contracts and unexpired leases on this particular schedule. Executory contracts and unexpired leases should be listed on Schedule G. BK Doc 14.doc
15. Schedule B - Personal Property - Use Schedule B to list all of your personal property. If you don't own property in a listed category, place an "x" in the appropriate column labeled "None." If property is being held for you by someone else, state the person's name and address under "Description and Location of Property." BK Doc 15.doc
16. Schedule C - Property Claimed As Exempt - Use Schedule C in order to elect certain exemptions. Exemptions may be claimed under 11 U.S.C. section 522(b)(1) and 11 U.S.C. section 522(b)(2). You must list a description of the property, specify the law providing the exemption, the value of the claimed exemption, and the current market value of the property without deducting the exemption. BK Doc 16.doc
17. Schedule D - Creditors Holding Secured Claims - Use Schedule D to list creditors holding secured claims. State the name, mailing address, and account number of all creditors holding claims secured by any property you own as of the date of filing of the petition. If any other entity other than a spouse in a joint case may be jointly held liable on a claim, place an "x" in the column labeled "Codebtor." BK Doc 17.doc
18. Schedule E - Creditors Holding Unsecured Priority Claims - Use Schedule E to list all creditors holding unsecured priority claims. Check the appropriate boxes to indicate if claims in that particular category are listed on subsequent attached sheets. There is also a box for you to check if you have no creditors holding unsecured priority claims. BK Doc 18.doc
19. Schedule F - Creditors Holding Unsecured Nonpriority Claims - Use Schedule F to list creditors holding unsecured nonpriority claims. You must list the following information on Schedule F: Name and address of the creditor, the date the claim was incurred, and and the amount of the claim. You may use the provided check box if you have no creditors holding unsecured nonpriority claims. BK Doc 19.doc
20. Schedule G - Executory Contracts and Unexpired Leases - Use Schedule G to list executory contracts and unexpired leases. Describe all executory contracts and unexpired leases of real or personal property. Include any timeshare interests you may have. Be aware that a party listed on Schedule G will not receive notice of the filing of your case unless the party is also scheduled in the appropriate schedule of creditors.unsecured nonpriority claims. You must list the following information on Schedule F: Name and address of the creditor, the date the claim was incurred, and and the amount of the claim. You may use the provided check box if you have no creditors holding unsecured nonpriority claims. BK Doc 20.doc
21. Schedule H - Codebtors - Use Schedule H to list all codebtors. If you live in a community property state, and you are not filing a joint case with your spouse, you must still list the name and address of your spouse on this schedule. Be sure to include all names used by your spouse during the past six years immediately preceding the commencement of your case. BK Doc 21.doc
22. Schedule I - Current Income of Individual Debtor(s) - Use Schedule I to list your current income and the income of other individual debtors. List your occupation, the name of your employer, how long you have been employed in your current position, and the address of your employer. The column labeled "Spouse" must be completed in all cases filed by joint debtors and by a married debtor in a chapter 12 or 13 case whether or not a joint petition is filed, unless the spouses are separated and a joint petition is not filed. BK Doc 22.doc
23. Schedule J - Current Expenditures of Individual Debtor(s) - Use Schedule J to list your current expenditures and the expenditures of other individual debtors. You will complete Schedule J by estimating your average monthly expenses and the expenses of your family. Pro rate any payments made biweekly, quarterly, semi-annually, or annually to show the monthly rate.
24. Declaration Concerning Debtor's Schedules - Once you have completed the appropriate schedules, you must complete this form to declare that you have read the summary and schedules and that the information you provided is true and correct to the best of your knowledge. If you enlisted the assistance of a non-attorney bankruptcy petition preparer, he/she must certify the form and provide his/her signature on the declaration form. BK Doc 24.doc
25. Statement of Financial Affairs - This form must be completed by every debtor. Some of the information you are required to list is as follows: Income from employment or the operation of a business; income you received other than from employment or the operation of a business; payments to creditors; suits and administrative proceedings; repossessions and foreclosures; and assignments and receiverships. BK Doc 25.doc
26. Individual Debtor's Statement of Intention - Your statement of intention verifies that you (as the debtor) have filed a schedule of assets and liabilities, which includes consumer debts secured by the property of the estate. This statement also discusses what you intend to do with the property of the estate which secures the consumer debts. You must list the property to be retained and the property to be surrendered. For property you intend to retain, give a description of the property, the creditor's name, if the property is claimed as exempt, if the property will be redeemed, or if the debt will be reaffirmed. BK Doc 26.doc
27. Statement of Social Security Number(s) The Statement of Social Security Number(s) is used to verify the social security number(s) of the debtor and the joint debtor (if applicable). There are also check boxes on the form for debtors and joint debtors who do not have social security numbers. - BK Doc 27.doc
28. Statement of Current Monthly Income and Means Test Calculation (Chapter 7) - This form is new for the 2005 Act. One of the changes in made by the 2005 Act is the addition of a definition of "current monthly income." Certain individual debtors in Chapter 7, all individual debtors in Chapter 11 and all Chapter 13 debtors are required to calculate their income under this definition. Certain Chapter 7 and 13 debtors are further required to calculate deductions from current monthly income allowed under the new "means test." Chapter 7 debtors subject to the means test, may, as a result of these calculations, be subject to a "presumption of abuse." There is a different form depending on which Chapter you are filing under. Please view the Committee Notes (see above link) for a detailed treatment of these forms. BK Doc 28.pdf
29. Statement of Current Monthly Income (Chapter 11) - This form is new for the 2005 Act. One of the changes in made by the 2005 Act is the addition of a definition of "current monthly income." Certain individual debtors in Chapter 7, all individual debtors in Chapter 11 and all Chapter 13 debtors are required to calculate their income under this definition. Certain Chapter 7 and 13 debtors are further required to calculate deductions from current monthly income allowed under the new "means test." Chapter 7 debtors subject to the means test, may, as a result of these calculations, be subject to a "presumption of abuse." There is a different form depending on which Chapter you are filing under. Please view the Committee Notes (see above link) for a detailed treatment of these forms. BK Doc 29.pdf
30. Statement of Current Monthly Income and Disposable Income Calc. (Ch. 13) - This form is new for the 2005 Act. One of the changes in made by the 2005 Act is the addition of a definition of "current monthly income." Certain individual debtors in Chapter 7, all individual debtors in Chapter 11 and all Chapter 13 debtors are required to calculate their income under this definition. Certain Chapter 7 and 13 debtors are further required to calculate deductions from current monthly income allowed under the new "means test." Chapter 7 debtors subject to the means test, may, as a result of these calculations, be subject to a "presumption of abuse." There is a different form depending on which Chapter you are filing under. Please view the Committee Notes (see above link) for a detailed treatment of these forms. BK Doc 30.pdf
31. Debtor's Completion Certificate for Financial Management Instructional Course - This form is new for the 2005 Act. The 2005 Act requires the debtor to complete an instructional course cocerning personal financial management as a condition for receiving a discharge. The completed form, when filed by the debtor, will signal to the clerk that this condition has been satisfied. BK Doc 31.doc
32. Reaffirmation Agreement & Order - Agreement to reaffirm a debt in a Chapter 7. BK Doc 32.pdf
District Specific Forms
33. Chapter 13 - District of Arizona - You will use this document to present a payment plan to the court for payment of certain debts. The form lists your creditors and the amount you propose to pay them on a monthly basis. BK Doc 33.doc
34. Verification of Creditors' Matrix- District of Arizona - You will use this document to certify and accuracy and completeness of your creditors' mailing list as required under Chapter 13. BK Doc 34.doc
Other Official Forms - Not Required for Filing - The additional official forms below are generally used by the Court or Clerk during a Bankruptcy Case, depending on whether the case is a Chapter 7,11, 12, or 13 of the Bankruptcy Code. You should not need any of these forms but are available here in case you would like to look at the forms to learn what they provide. Also, some Courts have modified these forms so the actual form used may not be exactly as the form below. Forms that you may see in a Chapter 7 or 13 are indicated with a star and the chapter number. If you employ a non-attorney bankruptcy petition preparer to prepare your forms, forms 19A, 19B and Form 280 must be used.
35. Form 9 - Notice of Commencement of Case Under the Bankruptcy Code, Meeting of Creditors, and Deadlines - This introductory sheet provides a listing of notices to be sent to creditors for Chapter 7, 11, 12, and 13 bankruptcy cases. BK Doc 35.pdf
36. Form 9A Chapter 7 Individual or Joint Debtor No Asset Case - This document informs the creditors that you have filed a Chapter 7 bankruptcy case. Please note that this is a "no asset case." This means that you have no assets available to satisfy any portion of the creditors' unsecured claims. The creditors will be given a meeting time and you (as the debtor) must be present in order to be questioned, under oath, by the trustee and the creditors. The notice also lists important deadlines for the creditors. BK Doc 36.doc
37. Form 9B Chapter 7 Corporation/Partnership No Asset Case - Creditors will receive this notice if the debtor is a corporation or a partnership and have no assets available to satisfy any portion of the creditors' unsecured claims. The creditors will be given a meeting time and the debtor's representative must be present in order to be questioned, under oath, by the trustee and the creditors. The notice also lists important deadlines for the creditors. BK Doc 37.doc
38. Form 9C Chapter 7 Individual or Joint Debtor Asset Case - This form notifies creditors that you have filed a Chapter 7 bankruptcy case in which assets are available to satisfy their unsecured claims. The creditors will be given a meeting time and you (as the debtor) must be present in order to be questioned, under oath, by the trustee and the creditors. The notice also lists important deadlines for the creditors. BK Doc 38.doc
39. Form 9D Chapter 7 Corporation/Partnership Asset Case - Creditors will receive this notice if the debtor is a corporation or a partnership and the corporation has assets available to satisfy any portion of the creditors' unsecured claims. The creditors will be given a meeting time and the debtor's representative must be present in order to be questioned, under oath, by the trustee and the creditors. The notice also lists important deadlines for the creditors. BK Doc 39.doc
40. Form 9E Chapter 11 Individual or Joint Debtor Case - The creditor will receive this notice if you have filed a Chapter 11 bankruptcy case. You are required to be present at a meeting with the creditors in order to be questioned under oath by the trustee and the creditors. If you are filing a joint case, both you and your spouse are required to be present for the question and answer session with the trustee and the creditors. The notice also lists important deadlines for the creditors. BK Doc 40.doc
41. Form 9E (ALT.) Chapter 11 Individual or Joint Debtor Case - The creditor will receive this notice if you have filed a Chapter 11 bankruptcy case. You are required to be present at a meeting with the creditors in order to be questioned under oath by the trustee and the creditors. If you are filing a joint case, both you and your spouse are required to be present for the question and answer session with the trustee and the creditors. The notice also lists important deadlines for the creditor. On the alternative form, the deadline to file a proof of a claim need not be sent at a later time because the deadline is given in the notice. BK Doc 41.doc
42. Form 9F Chapter 11 Corporation/Partnership Asset Case - Creditors will receive this notice if the debtor is a corporation or a partnership and the corporation has assets available to satisfy any portion of the creditors' unsecured claims. The creditors will be given a meeting time and the debtor's representative must be present in order to be questioned, under oath, by the trustee and the creditors. BK Doc 42.doc
43. Form 9F (ALT.) Chapter 11 Corporation/Partnership Asset Case - Creditors will receive this notice if the debtor is a corporation or a partnership and the corporation has assets available to satisfy any portion of the creditors' unsecured claims. The creditors will be given a meeting time and the debtor's representative must be present in order to be questioned, under oath, by the trustee and the creditors. The notice also lists important deadlines for the creditors. On the alternative form, the deadline to file a proof of a claim need not be sent at a later time because the deadline is given in the notice. BK Doc 43.doc
44. Form 9G Chapter 12 Individual or Joint Debtor Family Farmer - Creditors will receive this notice if the debtor filed a Chapter 12 individual or joint debtor family farmer bankruptcy case. The creditors will be given a meeting time and the debtor's representative must be present in order to be questioned, under oath, by the trustee and the creditors. The notice also lists important deadlines for the creditors. BK Doc 44.doc
45. Form 9H Chapter 12 Corporation/Partnership Family Farmer - Creditors will receive this notice if the debtor has filed a Chapter 12 bankruptcy case and is a corporation or a partnership family farm. The creditors will be given a meeting time and the debtor's representative must be present in order to be questioned, under oath, by the trustee and the creditors. The notice also lists important deadlines for the creditors.
46. Form 9I Chapter 13 Case - Creditors will receive this notice if the debtor has filed a Chapter 13 bankruptcy case. The creditors will be given a meeting time and you (as the debtor) must be present in order to be questioned, under oath, by the trustee and the creditors. The notice also lists important deadlines for the creditors. BK Doc 46.doc
47. Form 10 Proof of Claim - 13 or Asset 7 - Creditors will use this form to list their claims against you. The creditor will be asked to provide the basis of the claim, the date you incurred the debt, and the total amount of the claim at the time the bankruptcy case was filed. BK Doc 47.pdf
48. Form 11A General Power of Attorney - Creditors may use this form to authorize a general power of attorney. The attorney in fact will have the authority to vote on any question that may be lawfully submitted to your creditors; to receive dividends, and to perform any act not constituting the practice of law. BK Doc 48.doc
49. Form 11B Special Power of Attorney - Creditors may use this form to authorize a special power of attorney. The special power of attorney will authorize the attorney in fact to attend the meeting of your creditors and vote on behalf of the claimant. BK Doc 49.doc
50. Form 12 Order and Notice for Hearing on Disclosure Statement - This form will be sent to you (the debtor), your creditors, and other parties in interest. The notice provides that a disclosure statement and a plan under chapter 11 or chapter 9 has been filed. A hearing has been sent to consider the approval of the disclosure statement and plan. BK Doc 50.doc
51. Form 13 Order Approving Disclosure Statement and Fixing Time for Filing Acceptances or Rejections of Plan, Combined with Notice Thereof - The bankruptcy court will use this form to approve the disclosure statement and fix the time that the creditors have for filing acceptances or rejections of the reorganization plan. BK Doc 51.doc
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