Recent Changes in the Bankruptcy Forms

Recent Changes in the Bankruptcy Forms

 

Sunsetting of Subchapter V and Chapter 13 Debt Thresholds

Effective June 22, 2024, the Subchapter V and Chapter 13 debt limit provisions of the Bankruptcy Threshold Adjustment and Technical Corrections Act sunset.  As of June 22, 2024, the Chapter 11, Subchapter V debt limit is $3,024,725, while the two-part Chapter 13 debt limit is an amount not more than $465,275 for unsecured noncontingent, liquidated debt and $1,395,875 for secured noncontingent, liquidated debt.
 
Changes to the following national forms can be found at uscourts.gov.
 
 
 

 

New Director Form Effective February 5, 2021

The Director of the Administrative Office of the U.S. Courts has issued a new Director Form for filing the supplemental proof of claim for CARES Act Forbearance Claim authorized by the Consolidated Appropriations Act of 2021 (the CAA). See, Director’s Form 4100S, Supplemental Proof of Claim for CARES Forbearance Claim.

In addition, the Bankruptcy Court has created a new case filing event titled: Supplemental Proof of Claim for CARES Forbearance Claim for filing this new form. The event is designed to address temporary amendments to sections 501, 502 and 1329 of the Bankruptcy Code made by the CAA amendments, which sunset on December 27, 2021, unless extended by Congress. Director’s Form 4100S will be retired after that date and the event removed from our ECF system.

For step-by-step instructions on the form and event use, please visit the “Supplemental Proof of Claim for CARES Forbearance Claim” topic in the Court’s Electronic Filer User Manual, and look for a more in-depth discussion of this event in our upcoming March 2021 edition of our newsletter, On the Docket.

 

Amended Director's Forms Effective December 1, 2020

Several Director’s Forms were updated effective December 1, 2020. This update reflects an increase in administrative fees on the Bankruptcy Court Miscellaneous Fee Schedule, Item 8, approved by the Judicial Conference in March 2020. The revised forms are set forth below:

Forms Effective April 3, 2020

The following forms were amended in response to the enactment of the Coronavirus Aid, Relief, and Economic Security Act (the “CARES Act”), Pub. L. No. 116-136, 134 Stat. 281.  

Forms Effective February 19, 2020

The following forms were amended in response to the enactment of the Small Business Reorganization Act of 2019, Pub. L. No. 116-54, 133 Stat. 1079.

Forms Effective December 1, 2019

Two bankruptcy form changes took effect this December - one amendment and one new form. 

The proposed change to Official Form 122A-1 adds an instruction to line 14a to remind a debtor that if there is no presumption of abuse, that Official Form 122A-2 should not be filled out or filed.  The form will go into effect if approved by Judicial Conference at its September 2019 meeting.

Director’s Form 1340, Application for Payment of Unclaimed Funds, is a new form issued by the Director of the Administrative Office of the United States that bankruptcy courts may adopt or revise as needed to facilitate requests for unclaimed funds. 

Forms Effective October 1, 2019

On August 26, 2019, the President signed into law the Honoring American Veterans in Extreme Need Act of 2019 (the HAVEN Act) Public Law No. 116-52.  The HAVEN Act  amended 11 U.S.C. § 101(10A) to exclude from the definition of Current Monthly Income certain payments made  under title 10, 37, or 38 of the United States Code in connection with a disability, combat-related injury or disability, or death of a member of the uniformed services.

At its September 26, 2019 meeting, the Advisory Committee on Bankruptcy Rules made minor conforming amendments to lines 9 and 10 of Official Forms 122A-1, 122B, and 122C-1 to address the HAVEN Act.

Thursday, October 10, 2019