Changes to National Bankruptcy Forms Applicable April 1, 2013

Friday, March 15, 2013

On April 1, 2013, automatic adjustments to the dollar amounts stated in various provisions of the Bankruptcy Code and one provision in Title 28 of the United States Code will become effective. The amended dollar amounts will apply to cases filed on or after April 1, 2013. In the Bankruptcy Reform Act of 1994, as amended by the Bankruptcy Abuse Prevention and Consumer Protection Act of 2005, and Pub. L. No. 110-406 (2008), Congress provided for the automatic adjustment of these dollar amounts at three-year intervals. The relevant provisions are codified in 11 U.S.C. § 104(a). The amended dollar amounts will affect, among other matters:

• the eligibility of a debtor to file under chapters 12 and 13 of the Bankruptcy Code

• certain maximum values of property that a debtor may claim as exempt

• the maximum amount of certain claims entitled to priority

• the calculation of the “means test” for chapter 7 debtors

• the duration of a chapter 13 plan

• the definition of a small business debtor

• the minimum aggregate value of claims needed to commence an involuntary bankruptcy

• the value of “luxury goods and services” deemed to be nondischargeable

• where the trustee may commence certain proceedings to recover a money judgment or property

The adjustments reflect the change in the Consumer Price Index for All Urban Consumers published by the United States Department of Labor for the three-year period ending December 31, 2012, and rounded to the nearest $25. Seven of the Official Bankruptcy Forms and two of the Director’s Forms contain references to several of the affected dollar amounts.

• Official Form 1, Voluntary Petition

• Official Form 6C, Schedule of Property Claimed as Exempt

• Official Form 6E, Schedule of Creditors Holding Claims Entitled to Priority

• Official Form 7, Statement of Financial Affairs

• Official Form 10, Proof of Claim

• Official Form 22A, Statement of Current Monthly Income and Means Test Calculation (Chapter 7)

• Official Form 22C, Statement of Current Monthly Income and Calculation of Commitment Period and Disposable Income (Chapter 13)

• Director’s Form 200, Required Lists, Schedules, Statements and Fees

• Director’s Form 283, Chapter 13 Debtor’s Certifications Regarding Domestic Support Obligations and Section 522(q)

The revised forms are available on the official forms web site and a link to that site is provided under the forms section of the Court’s web site.  Please work with your bankruptcy software vendors as appropriate to insure you are using the new forms for cases you file on or after April 1st.