CM/ECF 5.1.1

December, 2015
  • New Official Bankruptcy Forms will become effective December 1, 2015.
  • 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.

The current Voluntary and Involuntary petitions will be broken into five separate forms (See image). Most of the form changes involve separating the forms by the type of debtor. There are now separate forms for individual debtors and non-individual debtors.  However, there will be one docketing event for a voluntary or involuntary petition.

  • The former B1 Voluntary Petition form will now be separated into the B101 Voluntary Petition for Individuals, the B201 Voluntary Petition for Non-Individuals and there is now a separate B401 petition for a Chapter 15 Petition.
  • The former B5 Involuntary Petition will also be separated by debtor type. There will be an Involuntary Petition against an Individual and an Involuntary Petition against a non-Individual.

The new petitions provide new options that will be collected in CM/ECF for statistical reporting. Some of the changes include:

  • Form is now 8 pages in length.
  • Credit counseling information from former Exhibit D now included as part of the petition.
  • Chapter 7 and 11 individual business data.
  • Estimated Assets and Estimated Liabilities Code J (More than $1 Billion) has been expanded to 3 more levels ranging from $1,000,000,001 to More than $50 billion for both individual and non-individual debtors.
  • Two new Natures of Business options for Non-Individual filers have been added, Investment Company and Investment Advisor. The value of Other has been changed to None of the Above.
  • A new statistical NAICS business code has been added. The North American Industry Classification System (NAICS) is the standard used by Federal statistical agencies in classifying business types.
  • There is a new Nature of Foreign Proceeding selection when opening a chapter 15 case.
  • There is no longer any statistical reporting for Chapter 15 case opening except for Fee status.

There are new form numbers and form names for schedules.

  • Schedules A and B are combined into Schedule A/B. (Forms B106A/B and B206A/B.)
  • Schedules E and F are combined into Schedule E/F. (Forms B106E/F and B206E/F.)

Individual

Non-Individual

B106A/B

B206A/B

B106D

B206D

B106E/F

B206E/F

B106G

B206G

B106H

B206H

  • Although the schedule 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).
  • Schedules I and J are not required for non-individual debtors.
  • Expenses for separate household of Debtor 2 have been separated out into a new Form B106J-2.  
  • The Summary of Schedules is now the Summary of Your Assets and Liabilities and Certain Statistical Information.

New Events

Initial Statement of Eviction Judgment 

 

Statement About Payment of Eviction Judgment

 

Motion for Waiver of Credit Counseling

 

Declaration Under Penalty of Perjury

 

Schedule A/B

 

Schedule J-2

 

Schedule E/F

 

Declaration About Individual Debtor's Schedule

 

Modified Events

Event

Change

Amended Schedules (A-C and G-J - No Fee Required)

Event modified to add Schedule A/B to the list of amended schedules.

Amended Schedules (D, E, and F - Fee Required)

Event modified to add Schedule E/F to the list of amended schedules.

Chapter 7 Voluntary Petition

Event modified to add "for Individual" to docket text if debtor is individual and "for Non-Individual” if debtor is corporation and various SARD screen changes.

Application to Proceed In Forma Pauperis

Application to Have Chapter 7 Filing Fee Waived.

Order Revoking In Forma Pauperis

Order Revoking Order Waiving Chapter 7 Filing Fee.

Schedule D

Docket text changed to Schedule D (Individual or Non-Individual) Creditors Having Claims Secured by Property.

Summary of Schedules

Summary of Assets and Liabilities.

Chapter 7 Statements Monthly Income 22A-1 and Exemption Presumption of Abuse 22A-1 Supp

Event modified to change any reference of form 22A to 122A.