The official forms for use in bankruptcy courts will be updated as of December 1, 2015 as part of a modernization effort that was started in 2008 by the Advisory Committee on Bankruptcy Rules. All but six existing official forms will be replaced with new versions as follows:
- Replaced as of December 1, 2015: 1, 2, 3A, 3B, 4, 5, 6 Summary, 6 Declaration, 6A-J, 8, 9A-I, 10, 10A, 10S1, 10S2, 11A, 11B, 12, 13, 14, 15, 16A, 16B, 16D, 17, 18, 19, 22A1 through 22C2, 23 and 27.
- Will be revised in 2016 or later: 20A, 20B, 25A, 25B, 25C, and 26.
In addition, all director’s bankruptcy forms (13S through 283) are replaced by updated and renumbered versions as of December 1. The Committee recommended that the Director of the Administrative Office add two new Director’s forms — Form 4100N and Form 4100R — to be used by Chapter 13 trustees and claim holders per Bankruptcy Rule 3002.1(f), and (g).
While the new proof of claim form (Form 410) requires substantially the same information as the prior B 10 proof of claim form, it has been almost completely reformatted and should be used after December 1, 2015.
If claims against an individual are secured by a primary residence, the claims must include a Mortgage Proof of Claim attachment (Form 410A). This form changes the reporting requirements for lenders and servicers collecting claims that are secured by a primary residence, including loans made for business purposes.
Form 410A requires a complete loan history on a detailed spreadsheet from the first date of the current default, including a complete description of payments made and the application of those payments, as well as all accrued and past due obligations. Failure to include Form 410A as required will prohibit the creditor from providing that information later in the bankruptcy process.
Each new bankruptcy form is available for download at uscourts.gov.
The attorneys at Glass & Goldberg in California provide high quality, cost-effective legal services and advice for clients in all aspects of commercial compliance, business litigation and transactional law. Call us at (818) 888-2220, send an email inquiry to email@example.com or visit us online at glassgoldberg.com to learn more about the firm and to sign up for future newsletters.