Instructions
Bankruptcy Forms for Individuals
U.S. Bankruptcy Court
|
December 2015 (Rev.
October 2019)
About this Booklet of Instructions
1
2
Understand the terms used in the forms
2
Things to remember when filling out these forms
4
On what date was a debt incurred?
4
About the Process for Filing a Bankruptcy Case for Individuals
5
Notice Required by 11 U.S.C. ? 342(b) for Individuals Filing for Bankruptcy
(Form 2010)
10
The types of bankruptcy that are available to individuals
10
Bankruptcy crimes have serious consequences
13
Make sure the court has your mailing address
13
Understand which services you could receive from credit counseling agencies
13
Instructions for Selected Forms
15
16
Schedule C: The Property You Claim as Exempt (Official Form 106C)
18
Schedule D: Creditors Who Have Claims Secured by Property (Official Form
106D)
19
Schedule E/F: Creditors Who Have Unsecured Claims (Official Form 106E/F)
22
Schedule G: Executory Contracts and Unexpired Leases (Official Form 106G)
26
Schedule H: Your Codebtors (Official Form 106H)
27
Schedule I: Your Income (Official Form 106I)
28
Schedule J: Your Expenses (Official Form 106J)
30
Summary of Your Assets and Liabilities and Certain Statistical Information
(Official Form
106Sum)
31
Statement of Financial Affairs for Individuals Filing for Bankruptcy
(Official Form 107)
32
Chapter 7 Statement of Your Current Monthly Income and Means Test
Calculation (Official
Forms 122A-1,
122A-1Supp, and 122A-2)
33
Chapter 11 Statement of Your Current Monthly Income (Official Form 122B)
35
Chapter 13 Statement of Your Current Monthly Income, Calculation of
Commitment Period
and Chapter 13 Calculation of Your Disposable Income (Official Forms 122C-1
and 122C-2)
36
Statement of Intention for Individuals Filing Under Chapter 7 (Official Form
108)
38
Application for Individuals to Pay the Filing Fee in Installments (Official
Form 103A)
40
Application to Have the Chapter 7 Filing Fee Waived (Official Form 103B)
41
For Individual Chapter 11 Cases: List of Creditors Who Have the 20 Largest
Unsecured
Claims Against You and Are Not Insiders (Official Form 104)
38
Glossary
40
Definitions of Some Terms Used in the Forms for Individuals Filing for
Bankruptcy
41
About this Booklet of Instructions
This booklet provides instructions for
completing selected forms that individuals
Note: It is extremely difficult to succeed in a
filing for bankruptcy must submit to the U.S.
chapter 11, 12, or 13 case without an
Bankruptcy Court. You can download all of the
attorney.
required forms without charge from:
If an attorney represents you, you must provide
ruptcyForms.aspx.
information so the attorney can prepare your
forms. Once the attorney prepares the forms,
The instructions are designed to accompany the
you must make sure that the forms are accurate
forms and are intended to help you understand
and complete. These instructions may help you
what information is required to properly file.
perform those tasks. If you are filing for
You are responsible for properly completing the
bankruptcy without the help of an attorney, this
forms. These instructions are not intended to
booklet tells you which forms must be filed and
provide, and should not be understood to
provides information about them.
provide, legal advice. They are not designed to
fully explain, or to be relied upon in
You should carefully read this booklet and keep
interpreting, the law.
it with your records. Review the individual
forms as you read the instructions for each.
Completing the forms is only a part of the
bankruptcy process. You are strongly
Although bankruptcy petition preparers can
encouraged to hire a qualified attorney not only
help you type the bankruptcy forms, they cannot
to help you complete the forms but also to give
tell you how to complete the forms, they cannot
you general advice about bankruptcy and to
file the documents for you, and they cannot give
represent you in your bankruptcy case. If you
you legal advice. Court employees cannot give
cannot afford to pay an attorney, you might
you legal advice, either.
qualify for free legal services if they are
provided in your area. Contact your state or
local bar association for help in obtaining free
legal services or in hiring an attorney.
About this Booklet of Instructions
page 1
Read These Important Warnings
Because bankruptcy can have serious long-term financial and legal
consequences, including
loss of your property, you should hire an attorney and carefully consider
all of your options
before you file. Only an attorney can give you legal advice about what can
happen as a result
of filing for bankruptcy and what your options are. If you do file for
bankruptcy, an attorney
can help you fill out the forms properly and protect you, your family, your
home, and your
possessions.
Although the law allows you to represent yourself in bankruptcy court, you
should understand
that many people find it difficult to represent themselves successfully. The
rules are technical,
and a mistake or inaction may harm you. If you file without an attorney, you
are still
responsible for knowing and following all of the legal requirements.
You should not file for bankruptcy if you are not eligible to file or if you
do not intend to file
the necessary documents.
Bankruptcy fraud is a serious crime; you could be fined and imprisoned if
you commit fraud in
your bankruptcy case. Making a false statement, concealing property, or
obtaining money or
property by fraud in connection with a bankruptcy case can result in fines
up to $250,000, or
imprisonment for up to 20 years, or both. 18 U.S.C. ?? 152, 1341, 1519, and
3571.
About the bankruptcy forms and
who gives false information could be charged
filing bankruptcy
with a federal crime or could lose all the
benefits of filing for bankruptcy.
Use the forms that are numbered in the 100
series to file bankruptcy for individuals or
You should understand that filing a bankruptcy
married couples. Use the forms that are
case is not private. Anyone has a right to see
numbered in the 200 series if you are preparing
your bankruptcy forms after you file them,
a bankruptcy on behalf of a nonindividual, such
unless the court orders otherwise under
as a corporation, partnership, or limited liability
11 U.S.C. ? 107. Certain information in court
company (LLC). Sole proprietors must use the
filings, however, must be protected from public
forms that are numbered in the 100 series.
disclosure under Bankruptcy Rule 9037.
When a bankruptcy is filed, the U.S.
Bankruptcy Court opens a case. It is important
Understand the terms used in the
that the answers to the questions on the forms
forms
be complete and accurate so that the case
The forms for individuals use you
and Debtor 1
proceeds smoothly. A person filing bankruptcy
About this Booklet of Instructions
page 2
to refer to a debtor filing alone. A married
couple may file a bankruptcy case together?
called a joint case?and
in joint cases, these
forms use you to
ask for information from both
debtors.
About this Booklet of Instructions
page 3
For example, if a form asks, ?Do you own a
n If two married
people are filing together,
car?? the answer would be yes
if either debtor
both are equally responsible for supplying
owns a car. When information is needed about
correct information.
the spouses separately, the forms use Debtor 1
and Debtor 2 to
distinguish between them. In
n Do not list a
minor child?s full name.
joint cases, one of the spouses must report
Instead, fill in only the child?s initials and
information as Debtor 1
and the other as
the full name and address of the child?s
Debtor 2. The same person must be
Debtor 1 in
parent or guardian. For example, write A.B.,
all of the forms.
a minor child (John Doe, parent, 123 Main
St., City, State). 11 U.S.C. ? 112;
To understand other terms used in the forms and
Bankruptcy Rule 1007(m) and 9037.
the instructions, see the Glossary
at the end of
this booklet.
n For your
records, be sure to keep a copy of
your bankruptcy documents and all
attachments that you file.
Things to remember when filling
out these forms
On what date was a debt incurred?
n Do not file
these instructions with the
bankruptcy forms that you file with the
When a debt was incurred on a single date, fill
court.
in the actual date that the debt was incurred.
n Be as complete
and accurate as possible.
When a debt was incurred on multiple dates, fill
in the range of dates. For example, if the debt is
n If more space
is needed, attach a separate
from a credit card, fill in the month and year of
sheet to the form. On the top of any
the first and last transaction.
additional pages, write your name and case
number (if known). Also identify the form
and line number to which the additional
information applies.
About this Booklet of Instructions
page 4
About the Process for Filing a Bankruptcy Case for
Individuals
Before you file your bankruptcy case
Before you file for bankruptcy, you must do
several things:
q Find out in
which bankruptcy court you must
file your bankruptcy case.
It is important that
q Receive a
briefing about credit counseling from
you file in the correct district within your
an approved agency
within 180 days before
state. To find out which district you are in, go
you file. (If you and your spouse are filing
to:
together, each of you must receive a briefing
before you file. Failure to do so may result in
the dismissal of your case.) You may have a
q Check the local
court?s website
for any
briefing about credit counseling one-on-one
specific local requirements that you might
or in a group, by telephone, or by internet.
have to meet. Go to:
For a list of approved providers, go to:
q Find out which
chapters of the Bankruptcy
Code you are eligible for.
For descriptions of
In Alabama and North Carolina, go to:
each chapter, review the information
contained in the notice, Notice Required by
11 U.S.C. ? 342(b) for Individuals Filing for
ndDebtCounselors.aspx.
Bankruptcy (Form B2010), which is included
After you finish the briefing, you will receive a
in this booklet.
certificate that you will need to file in your
bankruptcy case.
About the Process for Filing a Bankruptcy Case for Individuals
page 5
When you file your bankruptcy case
There are several forms and documents that you
q A list of names
and addresses of all of your
must give the court at the time you file.
creditors, formatted as a mailing list according
Additional forms and documents must be filed no
to instructions from the bankruptcy court in
later than 14 days after you file your bankruptcy
which you file. (Your court may call this a
case, although they may be filed at the same time
creditor matrix or
mailing matrix.)
you file your case.
q Your credit
counseling certificate from an
You must file the forms listed below on the date
approved credit counseling agency. (See
you open your bankruptcy case. For copies of the
Before you file your bankruptcy case, above).
forms listed here, go to
If you have received the briefing about credit
counseling but have not yet received the
ptcyForms.aspx. (The list continues on the next
certificate, file it no later than 14 days after
page.):
you file for bankruptcy. If you have not
already received the briefing and believe you
q Voluntary
Petition for Individuals Filing for
are entitled to a temporary waiver from
Bankruptcy (Official Form 101). This form
receiving it or that you are not required to
opens the case. Directions for filling it out are
receive the briefing, see line 15 of the
included in the form itself.
Voluntary Petition for Individuals Filing for
Bankruptcy (Official Form 101).
q Statement About
Your Social Security
Numbers (Official Form 121). This form gives
q For Individual
Chapter 11 Cases: List of
the court your full Social Security number or
Creditors Who Have the 20 Largest
federal Individual Taxpayer Identification
Unsecured Claims Against You and Are Not
number. To protect your privacy, the court
Insiders (Official Form 104). Fill out this
form
will make only the last four digits of your
only if you file under chapter 11.
number known to the general public.
q Initial
Statement About an Eviction Judgment
However, the court will make your full
Against You (Official Form 101A) and
number available to your creditors, the U.S.
Statement About Payment of an Eviction
trustee or bankruptcy administrator, and the
Judgment Against You (Official Form 101B).
trustee assigned to your case. This form has no
Use Form 101A if your landlord has an
separate instructions.
eviction judgment against you. If you
complete Form 101A and you want to stay in
q Your filing
fee. If you cannot pay the entire
your residence for the first 30 days after you
filing fee, you must also include:
file, you must indicate that on the form. Use
q Application for
Individuals to Pay the
Form 101B if you have completed Form 101A
Filing Fee in Installments (Official Form
and you want to stay in your rented residence
103A), or
form more than 30 days after you file for
q Application to
Have the Chapter 7 Filing
bankruptcy.
Fee Waived (Official Form 103B). Use
q Bankruptcy
Petition Preparer?s Notice,
this form only if you are filing under
Declaration, and Signature (Official Form 119)
chapter 7 and you meet the criteria to have
and Disclosure of Compensation of Bankruptcy
the chapter 7 filing fee waived.
Petition Preparer (Form 2800). Use these forms
About the Process for Filing a Bankruptcy Case for Individuals
page 6
if a bankruptcy petition preparer typed your
forms.
When you file your bankruptcy case or within 14 days after you file
You must file the forms listed below either when you file your bankruptcy
case or within 14 days after
you file your
Voluntary Petition for Individuals Filing for Bankruptcy
(Official Form 101). If you do
not do so, your case may be dismissed. Although it is possible to open your
case by submitting only
the documents that are listed under When you
file your bankruptcy case, you should file the
entire set
of forms at one time to help your case proceed smoothly.
Although some forms may ask you similar questions, you must fill out all of
the forms completely to
protect your legal rights.
The list below shows the forms that all individuals must file as well as the
forms that are specific to
each chapter. For copies of the official forms listed here, go to
http://www.uscourts.gov.
Form 106J)
All individuals who file for bankruptcy
must file these forms and the forms for the
specific chapter:
q Schedules of
Assets and Liabilities (Official
Form 106) which includes these forms:
Form 106A/B)
q Schedule C: The
Property You Claim as
Exempt (Official Form 106C)
q Schedule D:
Creditors Who Have Claims
Secured by Your Property (Official Form
106D)
q Schedule E/F:
Creditors Who Have
Unsecured Claims (Official Form 106E/F)
q Schedule G:
Executory Contracts and
Unexpired Leases (Official Form 106G)
q Schedule H: Your
Codebtors (Official
Form 106H)
q Schedule I: Your
Income (Official
Form 106I)
q Schedule J: Your
Expenses (Official
About the Process for Filing a Bankruptcy Case for Individuals
page 7
q Summary of Your
Assets and Liabilities
and Certain Statistical Information
(Official Form 106Sum). This form gives
an overview of the totals on the schedules
q Declaration
About an Individual Debtor?s
Schedules (Official Form 106Dec)
q Statement of
Financial Affairs for Individuals
Filing for Bankruptcy (Official Form 107)
q Disclosure of
Compensation to Debtor?s
Attorney Unless
local rules provide
otherwise, Director?s Form 2030 may be used.
q Credit
counseling certificate that you received
from an approved credit counseling agency
q Copies of all
payment advices (pay stubs)
or
other evidence of payment that you received
within 60 days before you filed your bankruptcy
case. Some local courts may require that you
submit these documents to the trustee assigned
to your case rather than filing them with the
court. Check the local court?s website to find
out if local requirements apply. Go to
http://www.uscourts.gov/courtlinks.
About the Process for Filing a Bankruptcy Case for Individuals
page 8
If you file under chapter 7, you
must also file:
If you file under chapter 12, you must also file:
q Statement of
Intention for Individuals Filing
q Chapter 12 Plan
(within 90 days after you file
Under Chapter 7 (Official Form 108)
your bankruptcy forms to open your case)
q Chapter 7
Statement of Your Current Monthly
Income (Official Form 122A-1)
If you file under chapter 13, you must also file:
q If necessary,
Chapter 7 Means Test
Calculation (Official Form 122A-2)
q If necessary,
Statement of Exemption from
q Chapter 13
Statement of Your Current Monthly
Presumption of Abuse Under ? 707(b)(2)
Income and Calculation of Commitment Period
(Official Form 122A-1Supp)
(Official Form 122C-1)
q If necessary,
Chapter 13 Calculation of Your
Disposable Income (Official Form 122C-2)
If you file under chapter 11, you must also file:
q Chapter 13 Plan
(Official Form 113, if in
q Chapter 11
Statement of Your Current
effect). If Official Form 113 is not effective
Monthly Income (Official Form 122-B)
when you file, many bankruptcy courts
require you to use a local form plan. Check
If you file under chapter 11 and are a small
the local court?s website for any specific form
business debtor (that is, if you are self-employed
that you might have to use. Go to
and your debts are less than $2,725,625*), within
http://www.uscourts.gov/courtlinks.)
7 days after you file your bankruptcy forms to
open your case, you must also file your most
recent:
q Balance sheet
q Statement of
operations
q Cash-flow
statement
q Federal income
tax return
If you do not have these documents, you must
file a statement made under penalty of perjury
that you have not prepared either a balance sheet,
statement of operations, or cash-flow statement
or you have not filed a federal tax return.
If you file under chapter 11, you must file
additional documents beyond the scope of these
instructions. You should consult your attorney.
Subject to adjustment on 4/01/22, and every 3 years
after that for cases begun on or after the date of
adjustment.
About the Process for Filing a Bankruptcy Case for Individuals
page 9
Notice Required by 11 U.S.C. ? 342(b) for
Individuals Filing for Bankruptcy (Form 2010)
Chapter 7: Liquidation
This notice is for you if:
n You are an
individual filing for
$245 filing fee
bankruptcy, and
$75 administrative fee
+
$15 trustee surcharge
n Your debts are
primarily consumer
$335 total fee
debts. Consumer
debts are defined in
11 U.S.C. ? 101(8) as ?incurred by an
Chapter 7 is for individuals who have financial
individual primarily for a personal,
difficulty preventing them from paying their
family, or household purpose.?
debts and who are willing to allow their non-
exempt property to be used to pay their
creditors. The primary purpose of filing under
chapter 7 is to have your debts discharged. The
The types of bankruptcy that are
bankruptcy discharge relieves you after
available to individuals
bankruptcy from having to pay many of your
pre-bankruptcy debts. Exceptions exist for
Individuals who meet the qualifications may file
particular debts, and liens on property may still
under one of four different chapters of the
be enforced after discharge. For example, a
Bankruptcy Code:
creditor may have the right to foreclose a home
mortgage or repossess an automobile.
n Chapter 7 ?
Liquidation
However, if the court finds that you have
n Chapter 11?
Reorganization
committed certain kinds of improper conduct
described in the Bankruptcy Code, the court
n Chapter 12?
Voluntary repayment plan
may deny your discharge.
for family farmers or
fishermen
You should know that even if you file
chapter 7 and you receive a discharge, some
n Chapter 13?
Voluntary repayment plan
debts are not discharged under the law.
for individuals with regular
Therefore, you may still be responsible to pay:
income
n most taxes;
You should have an attorney review your
n most student
loans;
decision to file for bankruptcy and the choice of
n
domestic support and property settlement
chapter.
obligations;
Notice Required by 11 U.S.C. U.S.C. ? 342(b) for Individuals Filing for
Bankruptcy (Form 2010)
page 10
n most fines,
penalties, forfeitures, and
your income is more than the median income
criminal restitution obligations; and
for your state of residence and family size,
depending on the results of the Means Test,
the
n certain debts
that are not listed in your
U.S. trustee, bankruptcy administrator, or
bankruptcy papers.
creditors can file a motion to dismiss your case
You may also be required to pay debts arising
under ? 707(b) of the Bankruptcy Code. If a
from:
motion is filed, the court will decide if your
case should be dismissed. To avoid dismissal,
n fraud or
theft;
you may choose to proceed under another
n fraud or
defalcation while acting in breach
chapter of the Bankruptcy Code.
of fiduciary capacity;
If you are an individual filing for chapter 7
n intentional
injuries that you inflicted; and
bankruptcy, the trustee may sell your property
n death or
personal injury caused by
to pay your debts, subject to your right to
operating a motor vehicle, vessel, or
exempt the property or a portion of the
aircraft while intoxicated from alcohol or
proceeds from the sale of the property. The
drugs.
property, and the proceeds from property that
your bankruptcy trustee sells or liquidates that
If your debts are primarily consumer debts, the
you are entitled to, is called exempt property.
court can dismiss your chapter 7 case if it finds
Exemptions may enable you to keep your
that you have enough income to repay
home, a car, clothing, and household items or
creditors a certain amount. You must file
to receive some of the proceeds if the property
Chapter 7 Statement of Your Current Monthly
is sold.
Income (Official Form 122A-1) if you are an
individual filing for bankruptcy under
Exemptions are not automatic. To exempt
chapter 7. This form will determine your
property, you must list it on Schedule C: The
current monthly income and compare whether
Property You Claim as Exempt (Official Form
your income is more than the median income
106C). If you do not list the property, the
that applies in your state.
trustee may sell it and pay all of the proceeds
to your creditors.
If your income is not above the median for
your state, you will not have to complete the
other chapter 7 form, the Chapter 7 Means
Chapter 11: Reorganization
Test Calculation (Official Form 122A-2).
$1,167 filing fee
If your income is above the median for your
+
$550 administrative fee
state, you must file a second form ?the
$1,717 total fee
Chapter 7 Means Test Calculation (Official
Form 122A-2). The calculations on the form?
Chapter 11 is often used for reorganizing a
sometimes called the Means Test?deduct
business, but is also available to individuals.
from your income living expenses and
The provisions of chapter 11 are too
payments on certain debts to determine any
complicated to summarize briefly.
amount available to pay unsecured creditors. If
Notice Required by 11 U.S.C. U.S.C. ? 342(b) for Individuals Filing for
Bankruptcy (Form 2010)
page 11
Read These Important Warnings
Because bankruptcy can have serious long-term financial and legal
consequences, including loss of
your property, you should hire an attorney and carefully consider all of
your options before you file.
Only an attorney can give you legal advice about what can happen as a result
of filing for bankruptcy
and what your options are. If you do file for bankruptcy, an attorney can
help you fill out the forms
properly and protect you, your family, your home, and your possessions.
Although the law allows you to represent yourself in bankruptcy court, you
should understand that
many people find it difficult to represent themselves successfully. The
rules are technical, and a
mistake or inaction may harm you. If you file without an attorney, you are
still responsible for knowing
and following all of the legal requirements.
You should not file for bankruptcy if you are not eligible to file or if you
do not intend to file the
necessary documents.
Bankruptcy fraud is a serious crime; you could be fined and imprisoned if
you commit fraud in your
bankruptcy case. Making a false statement, concealing property, or obtaining
money or property by
fraud in connection with a bankruptcy case can result in fines up to
$250,000, or imprisonment for up to
20 years, or both. 18 U.S.C. ?? 152, 1341, 1519, and 3571.
You are eligible for chapter 13 only if your
Chapter 12: Repayment plan for family
debts are not more than certain dollar amounts
farmers or fishermen
set forth in 11 U.S.C. ? 109.
$200 filing fee
+
$75 administrative fee
Under chapter 13, you must file with the court
$275 total fee
a plan to repay your creditors all or part of the
money that you owe them, usually using your
Similar to chapter 13, chapter 12 permits
future earnings. If the court approves your
family farmers and fishermen to repay their
plan, the court will allow you to repay your
debts over a period of time using future
debts, as adjusted by the plan, within 3 years or
earnings and to discharge some debts that are
5 years, depending on your income and other
not paid.
factors.
After you make all the payments under your
plan, many of your debts are discharged. The
Chapter 13: Repayment plan for
debts that are not discharged and that you may
individuals with regular
still be responsible to pay include:
income
n domestic
support obligations,
$235 filing fee
n most student
loans,
+
$75 administrative fee
n certain taxes,
$310 total fee
n debts for
fraud or theft,
Chapter 13 is for individuals who have regular
n debts for
fraud or defalcation while acting
income and would like to pay all or part of
in a fiduciary capacity,
their debts in installments over a period of time
n most criminal
fines and restitution
and to discharge some debts that are not paid.
Notice Required by 11 U.S.C. U.S.C. ? 342(b) for Individuals Filing for
Bankruptcy (Form 2010)
page 12
obligations,
mailing address
n
certain debts that are not listed in your
The bankruptcy court sends notices to the
bankruptcy papers,
mailing address you list on Voluntary Petition
n
certain debts for acts that caused death or
for Individuals Filing for Bankruptcy (Official
personal injury, and
Form 101). To ensure that you receive
n
certain long-term secured debts.
information about your case, Bankruptcy
Rule 4002 requires that you notify the court of
any changes in your address.
Warning: File Your Forms on Time
A married couple may file a bankruptcy case
Section 521(a)(1) of the Bankruptcy Code
together?called a joint case.
If you file a joint
requires that you promptly file detailed information
case and each spouse lists the same mailing
about your creditors, assets, liabilities, income,
address on the bankruptcy petition, the
expenses and general financial condition. The
bankruptcy court generally will mail you and
court may dismiss your bankruptcy case if you do
not file this information within the deadlines set by
your spouse one copy of each notice, unless
the Bankruptcy Code, the Bankruptcy Rules, and
you file a statement with the court asking that
the local rules of the court.
each spouse receive separate copies.
For more information about the documents and
their deadlines, go to:
Understand which services you
s.html#procedure.
could receive from credit
counseling agencies
The law generally requires that you receive a
Bankruptcy crimes have serious
credit counseling briefing from an approved
consequences
credit counseling agency. 11 U.S.C. ? 109(h).
If you are filing a joint case, both spouses must
n If you
knowingly and fraudulently conceal
receive the briefing. With limited exceptions,
assets or make a false oath or statement
you must receive it within the 180 days before
under penalty of perjury?either orally or
you file your bankruptcy petition. This briefing
in writing?in connection with a
is usually conducted by telephone or on the
bankruptcy case, you may be fined,
Internet.
imprisoned, or both.
n All
information you supply in connection
In addition, after filing a bankruptcy case, you
with a bankruptcy case is subject to
generally must complete a financial
examination by the Attorney General acting
management instructional course before you
through the Office of the U.S. Trustee, the
can receive a discharge. If you are filing a joint
Office of the U.S. Attorney, and other
case, both spouses must complete the course.
offices and employees of the U.S.
Department of Justice.
You can obtain the list of agencies approved to
provide both the briefing and the instructional
course from:
Make sure the court has your
http://justice.gov/ust/eo/hapcpa/ccde/cc_approved.html.
Notice Required by 11 U.S.C. U.S.C. ? 342(b) for Individuals Filing for
Bankruptcy (Form 2010)
page 13
In Alabama and North Carolina, go to:
AndDebtCounselors.aspx.
If you do not have access to a computer, the
clerk of the bankruptcy court may be able to
help you obtain the list.
Notice Required by 11 U.S.C. U.S.C. ? 342(b) for Individuals Filing for
Bankruptcy (Form 2010)
page 14
Instructions for Selected Forms
Instructions for Selected Forms
page 15
Schedule A/B: Property (Official Form 106A/B)
Schedule A/B: Property (Official Form 106A/B)
Current value ? In this form, report the
current
lists property interests that are involved in a
value of the property that you own in each
bankruptcy case. All individuals filing for
category. Current value
is sometimes called fair
bankruptcy must list everything they own or
market value and, for this form, is the fair
have a legal or equitable interest in. Legal or
market value as of the date of the filing of the
equitable interest is a broad term and includes
petition. Current value
is how much the
all kinds of property interests in both tangible
property is worth, which may be more or less
and intangible property, whether or not anyone
than when you purchased the property. Property
else has an interest in that property.
you own includes property you have purchased,
even if you owe money on it, such as a home
The information in this form is grouped by
with a mortgage or an automobile with a lien.
category and includes several examples for
many items. Note that those examples are meant
to give you an idea of what to include in the
Report the current value of the portion
categories. They are not intended to be
you own
complete lists of everything within that
category. Make sure you list everything you
For each question, report the current value of
own or have an interest in.
the portion of the property that you own. To do
this, you would usually determine the current
You must verify under penalty of perjury that
value of the entire property and the percentage
the information you provide is complete and
of the property that you own. Multiply the
accurate. Making a false statement, concealing
current value of the property by the percentage
property, or obtaining money or property by
that you own. Report the result where the form
fraud in connection with a bankruptcy case can
asks for Current value of the portion you own.
result in fines up to $250,000, or imprisonment
For example:
for up to 20 years, or both. 18 U.S.C. ?? 152,
n If you own a
house by yourself, you own
1341, 1519, and 3571.
100% of that house. Report the entire
current value of the house.
Understand the terms used in this form
n If you and a
sister own the house equally,
report 50% of the value of the house (or half
Community property ?
Type of property
of the value of the house).
ownership available in certain states for
property owned by spouses and, in some
In certain categories, current value may be
instances, legal equivalents of spouses.
difficult to figure out. When you cannot find the
Community property states and territories
value from a reputable source (such as a pricing
include Arizona, California, Idaho, Louisiana,
guide for your car), estimate the value and be
Nevada, New Mexico, Puerto Rico, Texas,
prepared to explain how you determined it.
Washington, and Wisconsin.
Schedule A/B: Property (Official Form 106A/B)
page 16
List items once on this form
Match the values to the other schedules
List items only once on this form; do not list
Make sure that the values you report on this form
them in more than one category. List all real
match the values you report on Schedule D:
estate in Part 1 and other property in the other
Creditors Who Have Claims Secured by Your
parts of the form.
Property (Official Form 106D) and
Schedule C:
The Property You Claim as Exempt (Official
Where you list similar items of minimal value
Form 106C).
(such as clothing), add the value of the items
and report a total.
Be specific when you describe each item. If you
have an item that you think could fit into more
than one category, select the most suitable
category and list the item there.
Separately describe and list individual items
worth more than $500.
Schedule A/B: Property (Official Form 106A/B)
page 17
Schedule C: The Property You Claim as Exempt
(Official Form 106C)
How exemptions work
You may lose property if you do not use the best
set of exemptions for your situation.
If you are an individual filing for bankruptcy, the
law may allow you to keep some property, or it
If your spouse is filing with you and you are
may entitle you to part of the proceeds if the
filing in a state in which you may choose
property is sold after your case is filed. Property
between state and federal sets of bankruptcy
that the law permits you to keep is called
exempt
exemptions, you both must use the same set of
property. For example, exemptions may enable
exemptions.
you to keep your home, a car, clothing, and
household items.
Claiming exemptions
Exemptions are not automatic. For property to be
Using the property and values that you listed on
considered exempt, you must list the property on
Schedule A/B: Property (Official Form 106A/B)
Schedule C: The Property You Claim as Exempt
as your source, list on this form the property that
(Official Form 106C). If you do not list the
you claim as exempt.
property, the trustee may sell it and pay all of the
proceeds to your creditors.
Listing the amount of each exemption
You may unnecessarily lose property if you
For each item of property you claim as exempt,
do not claim exemptions to which you are
you must specify the amount of the exemption
entitled. You are strongly encouraged to
you claim. Usually, a specific dollar amount is
hire a qualified attorney to advise you.
claimed as exempt, but in some circumstances,
the amount of the exemption claimed might be
indicated as 100% of fair market value. For
Determine which set of exemptions you
example, a debtor might claim 100% of fair
will use
market value for an exemption that is unlimited
in dollar amount, such as some exemptions for
Before you fill out this form, you must learn
health aids.
which set of exemptions you can use. In general,
exemptions are determined on a state-by-state
Listing which laws apply
basis. Some states permit you to use the
exemptions provided by the Bankruptcy Code.
In the last column of the form, you must identify
11 U.S.C. ? 522.
the laws that allow you to claim the property as
exempt. If you have questions about exemptions,
The Bankruptcy Code provides that you use the
consult a qualified attorney.
exemptions in the law of the state where you had
your legal home for 730 days before you file for
bankruptcy. Special rules may apply if you did
not have the same home state for 730 days before
you file.
Schedule C: The Property You Claim as Exempt
(Official Form 106C)
page 18
Schedule D: Creditors Who Have Claims Secured by
Property (Official Form 106D)
The people or organizations to whom you owe
Claims may be contingent, unliquidated,
money are called your creditors.
A claim is a
or disputed
creditor?s right to payment. When you file for
bankruptcy, the court needs to know who all
Claims may be:
your creditors are and what types of claims they
n Contingent
claims,
have against you.
n Unliquidated
claims, or
Typically in bankruptcy cases, there are more
n Disputed
claims.
debts than assets to pay those debts. The court
must know as much as possible about your
A claim is contingent
if you are not obligated to
creditors to make sure that their claims are
pay it unless a particular event occurs after you
properly treated according to the rules.
file for bankruptcy. For example, if you cosigned
someone else?s note, you may not have to pay
Creditors may have different types of claims:
unless that other person later fails to repay the
n Secured claims.
Report these on Schedule D:
loan.
Creditors Who Have Claims Secured by
A claim is unliquidated
if the amount of the debt
Property (Official Form 106D).
cannot be readily determined, such as by
n Unsecured
claims. Report these on
referring to an agreement or by a simple
Schedule E/F: Creditors Who Have
computation. An unliquidated claim is one for
Unsecured Claims (Official Form 106E/F).
which there may be a definite liability but where
the value has not been set. For instance, if you
If your debts are not paid, a creditor with a
were involved in a car accident, the victim may
secured claim may be able to get paid from
have an unliquidated claim against you because
specific property in which that creditor has an
the amount of damages has not been determined.
interest, such as a mortgage or a lien. That
property is sometimes called collateral
for your
A claim is disputed
if you disagree about
debt and could include items such as your house,
whether you owe the debt. For instance, if a bill
your car, or your furniture. Creditors with
collector demands payment for a bill you believe
unsecured claims do not have rights against
you already fully paid, you may describe the
specific property.
claim as disputed.
Many creditors? claims have a specific amount,
A single claim can have one, more than one, or
which you do not dispute. However, some claims
none of these characteristics.
are uncertain when you file for bankruptcy, or
they become due only after you file. You must
On Schedule D: Creditors Who Have Claims
list the claims of all your creditors in your
Secured by Property (Official Form 106D), list
schedules, even if the claims are contingent,
all creditors who have a claim that is secured by
unliquidated, or disputed.
your property.
Schedule D: Creditors Who Have Claims Secured by Property
(Official Form 106D)
page 19
Do not leave out any secured creditors
List the debt in Part 1 only once and list any
others that should be notified about that debt in
In alphabetical order (as much as possible), list
Part 2. For example, if a collection agency or an
anyone who has judgment liens, garnishments,
attorney is trying to collect from you for a debt
statutory liens, mortgages, deeds of trust, and
you owe to someone else, list the person to
other security interests against your property.
whom you owe the debt in Part 1, and list the
When listing creditors who have secured claims,
collection agency in Part 2. If you are not sure
be sure to include all of them. For example,
who the creditor is, list the person you are paying
include the following:
in Part 1 and list anyone else who has contacted
you about this debt in Part 2.
n
Your relatives or friends who have a lien or
security interest in your property;
If a creditor?s full claim is more than the value of
your property securing that claim?for instance,
n
Car or truck lenders, stores, banks, credit
a car loan in an amount greater than the value of
unions, and others who made loans to enable
the car?the creditor?s claim may be partly
you to finance the purchase of property and
secured and partly unsecured. In that situation,
who have a lien against that property;
list the claim only once on Schedule D:
Creditors Who Have Claims Secured by
n
Anyone who has a mortgage or deed of trust
Property (Official Form 106D). Do not repeat it
on real estate that you own;
on Schedule E/F: Creditors Who Have
Unsecured Claims (Official Form 106E/F). List
n
Contractors or mechanics who have liens on
a creditor in Schedule D
even if it appears that
property you own because they did work on
there is no value to support that creditor?s
the property and were not paid;
secured claim.
n
Someone who won a lawsuit against you and
has a judgment lien;
Determine the unsecured portion of
n
Another parent or a government agency that
secured claims
has a lien for unpaid child support;
To determine the amount of a secured claim,
n
Doctors or attorneys who have liens on the
compare the amount of the claim to the value of
outcome of a lawsuit;
your portion of the property that supports the
claim. If that value is greater than the amount of
n
Federal, state, or local government agencies
the claim, then the entire amount of the claim is
such as the IRS that have tax liens against
secured. But if that value is less than the amount
property for unpaid taxes; and
of the claim, the difference is an unsecured
portion. For example, if the outstanding
balance
n
Anyone who is trying to collect a secured
of a car loan is $10,000 and the car is worth
debt from you, such as collection agencies
$8,000, the car loan has a $2,000 unsecured
and attorneys.
portion.
Schedule D: Creditors Who Have Claims Secured by Property
(Official Form 106D)
page 20
If there is more than one secured claim against
For example, if a home worth $300,000 has a
the same property, the claim that is entitled to be
first mortgage of $200,000 and a second
paid first must be subtracted from the property
mortgage of $150,000, the first mortgage would
value to determine how much value remains for
be fully secured, and there would be $100,000 of
the next claim.
property value for the second mortgage, which
would have an unsecured portion of $50,000.
$300,000 value of a home
-
$200,000 first mortgage
$100,000 remaining property value
$150,000 second mortgage
-
$100,000 remaining property value
$ 50,000 unsecured portion of second mortgage
Schedule D: Creditors Who Have Claims Secured by Property
(Official Form 106D)
page 21
Schedule E/F: Creditors Who Have Unsecured
Claims (Official Form 106E/F)
The people or organizations to whom you owe
with unsecured claims do not have rights
money are called your creditors.
A claim is a
against specific property.
creditor?s right to payment. When you file for
bankruptcy, the court needs to know who all
Many creditors? claims have a specific amount,
your creditors are and what types of claims they
which you do not dispute. However, some
have against you.
claims are uncertain when you file for
bankruptcy, or they become due only after you
Typically in bankruptcy cases, there are more
file. You must list the claims of all your
debts than assets to pay those debts. The court
creditors in your schedules, even if the claims
must know as much as possible about your
are contingent, unliquidated, or disputed.
creditors to make sure that their claims are
properly treated according to the rules.
Claims may be contingent, unliquidated,
Use Schedule E/F: Creditors Who Have
or disputed
Unsecured Claims (Official Form 106E/F) to
identify everyone who has an unsecured claim
Claims may be:
against you when you file your bankruptcy
n Contingent
claims,
petition, unless you have already listed them on
n Unliquidated
claims, or
Schedule D: Creditors Who Have Claims
Secured by Your Property (Official Form
n Disputed
claims.
106D).
A claim is contingent
if you are not obligated to
Creditors may have different types of claims:
pay it unless a particular event occurs after you
file for bankruptcy. For example, if you
n Secured claims.
Report these on Schedule D:
cosigned someone else?s note, you may not
Creditors Who Have Claims Secured by
have to pay unless that person later fails to
Property (Official Form 106D).
repay the loan.
n Unsecured
claims. Report these on
A claim is unliquidated
if the amount of the
Schedule E/F: Creditors Who Have
debt cannot be readily determined, such as by
Unsecured Claims (Official Form 106E/F).
referring to an agreement or by a simple
computation. An unliquidated claim is one for
If your debts are not paid, creditors with
which there may be a definite liability but
secured claims may be able to get paid from
where the value has not been set. For instance,
specific property in which that creditor has an
if you were involved in a car accident, the
interest, such as a mortgage or a lien. That
victim may have an unliquidated claim against
property is sometimes called collateral
for your
you because the amount of damages has not
debt and could include items such as your
been set.
house, your car, or your furniture. Creditors
Schedule E/F: Creditors Who Have Unsecured Claims
(Official Form 106E/F)
page 22
A claim is disputed
if you disagree about
Unsecured claims could be priority or
whether you owe the debt. For instance, if a bill
nonpriority claims
collector demands payment for a bill you
believe you already fully paid, you may
describe the claim as disputed.
What are priority unsecured claims?
A single claim can have one, more than one, or
In bankruptcy cases, priority unsecured claims
none of these characteristics.
are those debts that the Bankruptcy Code
requires to be paid before most other unsecured
Creditors with unsecured claims do not have
claims are paid. The most common priority
liens on or other security interests in your
unsecured claims are certain income tax debts
property. Secured creditors have a right to take
and past due alimony or child support. Priority
property if you do not pay them. Common
unsecured claims include those you owe for:
examples are lenders for your car, your home,
or your furniture.
n
Domestic support obligations?If you owe
domestic support to a spouse or former
spouse; a child or the parent, legal guardian,
Do not leave out any unsecured
or responsible relative of a child; or a
creditors
governmental unit to whom such a domestic
support claim has been assigned.
List all unsecured creditors in each part of the
11 U.S.C. ? 507(a)(1).
form in alphabetical order as much as possible.
Even if you plan to pay a creditor, you must list
n
Taxes and certain other debts you owe the
that creditor. When listing creditors who have
government?If you owe certain federal,
unsecured claims, be sure to include all of them.
state, or local government taxes, customs
For instance, include the following:
duties, or penalties.
n Your relatives
or friends to whom you owe
11 U.S.C. ? 507(a)(8).
money;
n
Claims for death or personal injury that you
n Your
ex-spouse, if you are still obligated
caused while you were intoxicated?If
you
under a divorce decree or settlement
have a claim against you for death or
agreement to pay joint debts;
personal injury that resulted from your
n A credit card
company, even if you intend to
unlawfully operating a motor vehicle or
fully pay your credit card bill;
vessel while you were unlawfully
intoxicated from alcohol, drugs, or another
n A lender, even
if the loan is cosigned;
substance. This priority does not apply to
n Anyone who has
a loan or promissory note
claims for property damage.
that you cosigned for someone else;
11 U.S.C. ? 507(a)(10).
n Anyone who has
sued or may sue you
because of an accident, dispute, or similar
event that has occurred; or
n Anyone who is
trying to collect a debt from
you such as a bill collector or attorney.
Schedule E/F: Creditors Who Have Unsecured Claims
(Official Form 106E/F)
page 23
n
Other:
What are nonpriority unsecured claims?
q
Deposits by individuals?If you received
Nonpriority unsecured claims are those debts
money from someone for the purchase,
lease, or rental of your property or the use
that generally will be paid after priority
of your services but you never delivered
unsecured claims are paid. The most common
or performed. For the debt to have
examples of nonpriority unsecured claims are
priority, the property or services must
credit card bills, medical bills, and educational
have been intended for personal, family,
loans.
or household use (only the first $3,025*
per person is a priority debt). 11
U.S.C. ? 507(a)(7).
What if a claim has both priority and
nonpriority amounts?
q
Wages, salaries, and commissions?If
you owe wages, salaries, and
If a claim has both priority and nonpriority
commissions, including vacation,
amounts, list that claim in Part 2 and show both
severance, and sick leave pay and those
priority and nonpriority amounts. Do not list it
amounts were earned within 180 days
again in Part 3.
before you filed your bankruptcy petition
or ceased business. In either instance,
In Part 3, list all of the creditors you have not
only the first $13,650* per claim is a
listed before. You must list every creditor that
priority debt. 11 U.S.C. ? 507(a)(4).
you owe, regardless of the amount you owe and
q
Contributions to employee benefit
even if you plan to pay a particular debt. If you
plans?If you owe contributions to an
do not list a debt, it may not be discharged.
employee benefit plan for services an
employee rendered within 180 days
before you file your bankruptcy petition,
What is needed for statistical purposes?
or within 180 days before your business
ends. Count only the first $13,650* per
For statistical reasons, the court must collect
employee, less any amounts owed for
information about some specific categories of
wages, salaries, and commissions.
11 U.S.C. ? 507(a)(5).
unsecured claims.
Subject to adjustment on 4/01/22, and every 3 years
The categories for priority unsecured claims
after that for cases begun on or after the date of
are:
adjustment.
n Domestic
support obligations
n Taxes and
certain other debts you owe the
government
n Claims for
death or personal injury that you
caused while you were intoxicated
Schedule E/F: Creditors Who Have Unsecured Claims
(Official Form 106E/F)
page 24
The categories for nonpriority unsecured claims
are:
n Student loans?If
you owe money for any
loans that you used to pay for your
education;
n Obligations
arising out of a separation
agreement or divorce that you did not report
as priority claims?If
you owe debts for
separation or divorce agreements or for
domestic support and you did not report
those debts in Part 2; and
n Debts to
pension or profit-sharing plans and
other similar debts?If you owe money to a
pension or profit-sharing plan.
Schedule E/F: Creditors Who Have Unsecured Claims
(Official Form 106E/F)
page 25
Schedule G: Executory Contracts and Unexpired
Leases (Official Form 106G)
Use Schedule G: Executory Contracts and
n
Internet and cable contracts;
Unexpired Leases (Official Form 106G) to
identify your ongoing leases and certain
n
Vehicle leases;
contracts. List all of your executory contracts
n
Supplier or service contracts (for example,
and unexpired leases.
contracts for lawn care or home alarm or
Executory contracts are contracts between you
security systems);
and someone else in which neither you nor the
n
Timeshare contracts or leases;
other party has performed all of the
requirements by the time you file for
n
Rent-to-own contracts;
bankruptcy. Unexpired leases
are leases that
are still in effect; the lease period has not yet
n
Employment contracts;
ended.
n
Real estate listing agreements;
You must list all agreements that may be
executory contracts or unexpired leases, even
n
Contracts to sell a residence, building, land,
if they are listed on Schedule A/B: Property
or other real property;
(Official Form 106A/B), including the
following:
n
Equipment leases;
n Residential
leases (for example, a rental
n
Leases for business or investment property;
agreement for a place where you live or
vacation, even if it is only a verbal or
n
Supplier and service contracts for your
month-to-month arrangement);
business;
n Service
provider agreements (for example,
n
Copyright and patent license agreements;
contracts for cell phones and personal
and
electronic devices);
n
Development contracts.
Schedule G: Executory Contracts and Unexpired Leases
(Official Form 106G)
page 26
Schedule H: Your Codebtors (Official Form 106H)
If you have any debts that someone else may
If you are filing a joint case, do not list either
also be responsible for paying, these people or
spouse as a codebtor.
entities are called codebtors.
Use Schedule H:
Your Codebtors (Official Form 106H) to list
any codebtors who are responsible for any debts
Other codebtors could include the following:
you have listed on the other schedules.
n Cosigner;
To help fill out this form, use both Schedule
D:
Creditors Who Have Claims Secured by
n Guarantor;
Property (Official Form 106D) and
Schedule
n Former spouse;
E/F: Creditors Who Have Unsecured Claims
(Official Form 106E/F).
n Unmarried
partner;
n Joint
contractor; or
List all of your codebtors and the creditors to
whom you owe the debt. For example, if
n Nonfiling
spouse?even if the spouse is not
someone cosigned for the car loan that you owe,
a cosigner?where the debt is for necessities
you must list that person on this form.
(such as food or medical care) if state law
makes the nonfiling spouse legally
responsible for debts for necessities.
Schedule H: Your Codebtors (Official Form 106H)
page 27
Schedule I: Your Income (Official Form 106I)
In Schedule I: Your Income
(Official Form 106I),
One easy way to calculate how much income
you will give the details about your employment
per month is to total the payments earned in a
and monthly income as of the date you file this
year, then divide by 12 to get a monthly figure.
form. If you are married and your spouse is living
For example, if you are paid seasonally, you
with you, include information about your spouse
would simply divide the amount you expect to
even if your spouse is not filing with you. If you are
earn in a year by 12 to get the monthly amount
separated and your spouse is not filing with you, do
not include information about your spouse.
Below are other examples of how to calculate
monthly amount.
How to report employment and income
Example for weekly payments:
If you have nothing to report for a line, write
If you are paid $1,000 every week, figure your
$0.
monthly income in this way:
In Part 1, line 1, fill in employment
$1,000 income
every week
information for you and, if appropriate, for a
X
52
number of pay periods in the year
non-filing spouse. If either person has more
$52,000 total income for the year
than one employer, attach a separate page with
information about the additional employment.
$52,000 (income
for year)_________
= $4,333 monthly income
12 (number of months in year)
In Part 2, give details about the monthly
income you currently expect to receive. Show
all totals as monthly payments, even if income
is not received in monthly payments.
Example for bi-weekly payments:
If your income is received in another time
If you are paid $2,500 every other week, figure
period, such as daily, weekly, quarterly,
your monthly income in this way:
annually, or irregularly, calculate how much
income would be by month, as described
$2,500 income every other week
below.
X
26 number of pay periods in the year
$65,000 total income for the year
If either you or a non-filing spouse has more
than one employer, calculate the monthly
$65,000 (income for year)_________
= $5,417 monthly income
amount for each employer separately, and then
12 (number of months in year)
combine the income information for all
employers for that person on lines 2-7.
Schedule I: Your Income (Official Form 106I)
page 28
In Part 2, line 11, fill in amounts that other
Example for daily payments:
people provide to pay the expenses you list on
Schedule J: Your Expenses. For example, if you
If you are paid $75 a day and you work about 8
and a person to whom you are not married pay
days a month, figure your monthly income in
all household expenses together and you list all
this way:
your joint household expenses on Schedule J,
$75 income a day
you must list the amounts that person
X
96 days a year
contributes monthly to pay the household
$7,200 total income for the year
expenses on line 11. If you have a roommate and
you divide the rent and utilities, do not list the
$7,200
(income for year)
= $600 monthly income
amounts your roommate pays on line 11 if you
12 (number of months in year)
have listed only your share of those expenses on
Schedule J. Do not list on line 11 contributions
or this way:
that you already disclosed elsewhere on the
form.
$75 income a day
X
8 payments a month
Note that the income you report on Schedule I
$600 income for
the month
may be different from the income you report on
other bankruptcy forms. For example, the
Example for quarterly payments:
Chapter 7 Statement of Your Current Monthly
Income (Official Form 122A-1),
Chapter 11
Statement of Your Current Monthly Income
If you are paid $15,000 every quarter, figure
(Official Form 122B), and the Chapter 13
your monthly income in this way:
Statement of Your Current Monthly Income and
$15,000 income every quarter
Calculation of Commitment Period (Official
X
4 pay periods in the year
Form 122C-1) all use a different definition of
$60,000 total income for the year
income and apply that definition to a different
period of time. Schedule I
asks about the income
$60,000 (income for year)
= $5,000 (number of months in year)
that you are now receiving, while the other
12
monthly income
forms ask about income you received in the
applicable time period before filing. So the
amount of income reported in any of those forms
Example for irregular payments:
may be different from the amount reported here.
If you are paid $4,000 8 times a year, figure
If, after filing Schedule I, you need to file an
your monthly income in this way:
estimate of income in a chapter 13 case for a
date after your bankruptcy, you may complete
$4,000 income a
payment
a supplemental Schedule I. To do so you must
X 8 payments a year
check the ?supplement? box at the top of the
$32,000 income
for the year
form and fill in the date.
$32,000 (income for year)
= $2,667 monthly income
12 (number of months in year)
Schedule I: Your Income (Official Form 106I)
page 29
Schedule J: Your Expenses
(Official Form 106J and 106J-2)
Schedule J: Your Expenses (Official Form
calculate how much you would spend on those
106J) provides an estimate of the monthly
items every month.
expenses, as of the date you file for
bankruptcy, for you, your dependents, and the
Do not list as expenses any payments on credit
other people in your household whose income
card debts incurred before filing bankruptcy.
is included on Schedule I: Your Income
Do not include business expenses on this form.
(Official Form 106I).
You have already accounted for those
If you are married and are filing individually,
expenses as part of determining net business
include your non-filing spouse?s expenses
income on Schedule I.
unless you are separated.
On line 20, do not include expenses for your
If you are filing jointly and Debtor 1 and
residence or for any rental or business
Debtor 2 keep separate households, Debtor 2
property. You have already listed expenses for
must complete and include Schedule J-2:
your residence on lines 4 and 5 of this form.
Expenses for Separate Household of Debtor 2
You listed the expenses for your rental and
(Official Form 106J-2).
business property as part of the process of
determining your net income from that
Do not include expenses that other members of
property on Schedule I
(line 8a).
your household pay directly from their income
if you did not include that income on
If you have nothing to report for a line, write
Schedule I. For example, if you have a
$0.
roommate and you divide the rent and utilities
If, after filing Schedule J,
you need to file an
and you have not listed your roommate?s
estimate of expenses in a chapter 13 case for a
contribution to household expenses in line 11
date after your bankruptcy, you may complete
of Schedule I, you
would list only your share
a supplemental Schedule J.
To do so you must
of these expenses on Schedule J.
check the ?supplement? box at the top of the
Show all totals as monthly payments. If you
form and fill in the date.
have weekly, quarterly, or annual payments,
Schedule J: Your Expenses (Official Form 106J)
page 30
Summary of Your Assets and Liabilities and Certain
Statistical Information (Official Form 106Sum)
When you file for bankruptcy, you must
After you fill out all of the forms, complete
summarize certain information from the
Summary of Your Assets and Liabilities and
following forms:
Certain Statistical Information (Official Form
106Sum) to report the totals of certain
n
Schedule A/B: Property (Official
information that you listed in the forms.
Form 106A/B)
If you are filing an amended version of any of
n
Schedule D: Creditors Who Have Claims
these forms at some time after you file your
Secured by Property (Official Form 106D)
original forms, you must fill out a new Summary
to ensure that your information is up to date and
n
Schedule E/F: Creditors Who Have
you must check the box at the top.
Unsecured Claims (Official Form 106E/F)
n
Schedule I: Your Income (Official
Form 106I)
n
Schedule J: Your Expenses (Official Form
106J)
n
Chapter 7 Statement of Your Current
Monthly Income (Official Form 122A-1),
Chapter 11 Statement of Your Current
Monthly Income (Official Form 122B), or
Chapter 13 Statement of Your Current
Monthly Income and Calculation of
Commitment Period (Official Form 122C-1)
Summary of Your Assets and Liabilities and Certain Statistical Information
(Official Form 106Sum)
page 31
Statement of Financial Affairs for Individuals Filing
for Bankruptcy (Official Form 107)
Your Statement of Financial Affairs for
Although this statement may ask you questions
Individuals Filing for Bankruptcy, provides a
that are similar to some questions on the
summary of your financial history over certain
schedules, you must fill out all of the forms
periods of time before you file for bankruptcy.
completely to protect your legal rights.
If you are an individual in a bankruptcy case,
you must fill out this statement.
11 U.S.C. ? 521(a) and Bankruptcy Rule
Understand the terms used in this form
1007(b)(1).
Legal equivalent of a spouse ? A person whom
If you are in business as a sole proprietor,
applicable nonfederal law recognizes as having
partner, family farmer, or self-employed
a relationship with the debtor that grants legal
professional, you must provide the information
rights and responsibilities equivalent, in whole
about all of your business and personal financial
or in part, to those granted to a spouse.
activities.
Statement of Financial Affairs for Individuals Filing for Bankruptcy
(Official Form 107)
page 32
Chapter 7 Statement of Your Current Monthly Income
and Means Test Calculation (Official Forms 122A-1,
122A-1Supp,
and 122A-2)
should file a supplement, Form 122A-1Supp,
If you are filing under chapter 11,
and verify the supplement by completing Part 3
12, or 13, do not fill out this form.
of Form 122A-1. If you qualify for an
exemption, you are not required to fill out any
part of Form 122A-1 other than the verification.
Official Forms 122A-1 and 122A-2 determine
If the exemptions do not apply, you should
whether your income and expenses create a
complete all of the parts of Form 122A-1 and
presumption of abuse that may prevent you
file it without the supplemental form.
from obtaining relief from your debts under
If you and your spouse are filing together, you
chapter 7 of the Bankruptcy Code. Chapter 7
and your spouse may file a single Form 122A-1.
relief can be denied to a person who has
However, if an exemption on Form122A-1Supp
primarily consumer debts if the court finds that
applies to only one of you, separate forms may
the person has enough income to repay
be required. 11 U.S.C. ? 707(b)(2)(C).
creditors an amount that, under the Bankruptcy
Code, would be a sufficient portion of their
If your completed Form 122A-1 shows income
claims.
above the median, you must file the second
form, Chapter 7 Means Test Calculation
You must file Chapter 7 Statement of Your
(Official Form 122A -2). The calculations on
Current Monthly Income (Official Form122A-1)
this form?sometimes called the Means Test?
if you are an individual filing for bankruptcy
reduce your income by living expenses and
under chapter 7. This form will determine your
payment of certain debts, resulting in an
current monthly income and compare whether
amount available to pay other debts. If this
your income is more than the median income for
amount is high enough, it will give rise to a
households of the same size in your state. If your
presumption of abuse. A presumption of abuse
income is not above the median, there is no
does not mean you are actually trying to abuse
presumption of abuse and you will not have to
the bankruptcy system. Rather, the
fill out the second form.
presumption simply means that you are
Similarly, Statement of Exemption from
presumed to have enough income that you
Presumption of Abuse Under ? 707(b)(2)
should not be granted relief under chapter 7.
(Official Form 122A-1Supp) determines
You may overcome the presumption by
whether you may be exempted from the
showing special circumstances that reduce
presumption of abuse because you do not have
your income or increase your expenses.
primarily consumer debts or because you have
If you cannot obtain relief under chapter 7, you
provided certain military or homeland defense
may be eligible to continue under another
services. If one of these exemptions applies, you
Chapter 7 Statement of Current Monthly Income; Means Test Calculation
(Official Forms 122A-1, 122A-2)
page 33
chapter of the Bankruptcy Code and pay
not be reported on lines 9 or 10 of
creditors over a period of time.
Form 122A-1 on account of the
veteran?s death or disability under the
Read each question carefully. You may not be
?Helping American Veterans in
required to answer every question on this form.
Extreme Need Act of 2019? (HAVEN
For example, your military status may
Act);
determine whether you must fill out the entire
form. The instructions will alert you if you
go to:
may skip questions.
If you have nothing to report for a line, write
$0.
If your case is filed in Alabama or North
Carolina, the administrative expense multiplier
mentioned at line 36 can be found at:
Information for completing the forms
To fill out several lines of the forms, you must
look up information provided on websites or
from other sources. For information:
For the Bankruptcy Basics
information referred
to on line 36 of Form 122A-2, go to:
(1)
to complete line 13 of Form 122A-1
and lines 6-15, 30, and 36 of Form
uptcyBasics.aspx.
122A-2; or
If you do not have a computer with internet
(2)
if you are a servicemember, veteran, or
access, you may be able to use a public
the family member of a veteran, and
computer at the bankruptcy clerk?s office or at
are looking for a list of the types of
a public library.
benefits that the United States
Department of Justice confirms need
Chapter 7 Statement of Current Monthly Income; Means Test Calculation
(Official Forms 122A-1, 122A-2)
page 34
Chapter 11 Statement of Your Current Monthly
Income (Official Form 122B)
You must file the Chapter 11 Statement of Your
If you are filing under chapter 7,
Current Monthly Income (Official Form 122B)
12, or 13, do not fill out this form.
if you are an individual filing for bankruptcy
under chapter 11.
Information for completing the forms
If you have nothing to report for a line, write
$0.
If you are a servicemember, veteran, or the
family member of a veteran, and are looking for
a list of the types of benefits that the United
States Department of Justice confirms need not
be reported on lines 9 or 10 of Form 122B on
account of the veteran?s death or disability
under the ?Helping American Veterans in
Extreme Need Act of 2019? (HAVEN Act), go
to:
Chapter 11 Statement of Your Current Monthly Income
(Official Form 122B)
page 35
Chapter 13 Statement of Your Current Monthly
Income, Calculation of Commitment Period and
Chapter 13 Calculation of Your Disposable Income
(Official Forms 122C-1 and 122C-2)
chapter 13 plan may be required to provide for
If you are filing under chapter 7,
payment of this amount toward unsecured debts.
11, or 12, do not fill out this form.
Read each question carefully. You may not be
required to answer every question on this form. The
instructions will alert you if you may skip
questions.
Official Forms 122C─1 and 122C─2
determine the commitment period for your
Some of the questions require you to go to other
payments to creditors, how the amount you
sources for information. In those cases, the form
may be required to pay to creditors is
has instructions for where to find the information
established, and, in some situations, how much
you need.
you must pay.
Generally, if you and your spouse are filing
You must file the Chapter 13 Statement of
together, you should file one statement together.
Your Current Monthly Income and Calculation
of Commitment Period (Official Form
122C─1) if you are an individual and you are
filing under chapter 13. This form will report
Information for completing the forms
your current monthly income and determine
whether your income is at or below the median
To fill out several lines of the forms, you must
income for households of the same size in your
look up information provided on websites or
state. If your income is equal to or less than the
from other sources. For information:
median, you will not have to fill out the second
form. Form 122C-1 also will determine your
(1)
to complete line 16c of Form 122C-1
applicable commitment period?the
time period
and lines 6-15, 30, and 36 of Form
for making payments to your creditors, unless
122C-2; or
the court orders otherwise.
(2)
if you are a servicemember, veteran, or
If your income is above the median, you must file
the family member of a veteran, and
the second form, Chapter13 Calculation of Your
are looking for a list of the types of
Disposable Income (Official Form 122C─2). The
benefits that the United States
calculations on this form?sometimes called the
Department of Justice confirms need
Means Test?reduce your income by living
not be reported on lines 9 or 10 of
expenses and payment of certain debts, resulting in
Form 122C-1 on account of the
an amount available to pay unsecured debts. Your
veteran?s death or disability under the
Chapter 13 Statement of Current Monthly Income, Calculation of Commitment
Period and
Chapter 13 Calculation of Your Disposable Income
(Official Forms 122C-1, 122C-2)
page 36
?Helping American Veterans in
Extreme Need Act of 2019? (HAVEN
Act);
go to:
If your case is filed in Alabama or North Carolina,
the administrative expense multiplier mentioned at
line 36 can be found at:
If you do not have a computer with internet
access, you may be able to use a public
computer at the bankruptcy clerk?s office or at
a public library.
Chapter 13 Statement of Current Monthly Income, Calculation of Commitment
Period and
Chapter 13 Calculation of Your Disposable Income
(Official Forms 122C-1, 122C-2)
page 37
Statement of Intention for Individuals Filing Under
Chapter 7 (Official Form 108)
Explain what you intend to do with your
If you are filing under chapter 11,
property that is collateral for a claim
12, or 13, do not fill out this form.
If you have property that is collateral (or
security) for a claim, you must state what you
intend to do with that property.
If you are an individual filing under chapter 7,
you must fill out the Statement of Intention
for
You may choose either to surrender the property
Individuals Filing Under Chapter 7 (Official
to the creditor, or retain the property. Below is
Form 108) if:
more information about each of these options.
n creditors have
claims secured by your
You may surrender the property to the creditor.
If
property, or
you surrender the property to the creditor, your
n you have
leased personal property and the
bankruptcy discharge will protect you from any
lease has not expired.
claim for the difference between what you owe
the creditor and what the creditor receives from a
The Bankruptcy Code requires you to state your
sale of the property, unless the court determines
intentions about such claims and provides for
that the debt is nondischargeable.
early termination of the automatic stay as to
personal property if the statement is not timely
You may want to retain the property. If you
want
filed. The same early termination of the
to retain your secured personal property, you may
automatic stay applies to any unexpired lease of
be able to reaffirm the debt, redeem the property,
personal property unless you state that you
or take other action (for example, avoid a lien
intend to assume the unexpired lease if the
using 11 U.S.C. ? 522(f)).
trustee does not do so.
n You may be
able to reaffirm the debt. You may
To help fill out this form, use the information
decide to remain legally obligated to pay a
you have already provided on the following
debt so that you can keep the property
forms:
securing the debt. This is called reaffirming a
debt. You may reaffirm the debt in full on its
n Schedule D:
Creditors Who Have Claims
original terms or you and the creditor may
Secured by Property (Official Form 106D),
agree to change the terms. For example, if
you want to keep your car, you may reaffirm
n Schedule C:
The Property You Claim as
a car loan, stating that you will continue to
Exempt (Official Form 106C), and
make monthly payments for it. Only reaffirm
those debts that you are confident you can
n Schedule G:
Executory Contracts and
repay. You may
seek to reaffirm the debt if
Unexpired Leases (Official Form 106G).
you sign a Reaffirmation Agreement,
which is
a contract between you and a creditor, and
Statement of Intention for Individuals Filing Under Chapter 7
(Official Form 108)
page 38
you follow the proper procedure for the
Explain what you intend to do with your
Reaffirmation Agreement. 11 U.S.C. ? 524.
leased personal property
The procedure is explained in greater detail in
the Disclosures that are part of the
If you lease personal property such as your car,
reaffirmation documents.
you may be able to continue your lease if the
trustee does not assume the lease. To continue
n
You may be able to redeem your property.
your lease, you can write to the lessor that you
11 U.S.C. ? 722. You can redeem property
want to assume your lease. The creditor may, at
only if all of the following apply:
its option, notify you that it is willing to have
q The property
secures a debt that is a
you assume the lease and may condition the
consumer debt ─ you incurred the debt
assumption on cure of any outstanding default.
primarily for personal, family, or
If the lessor notifies you that it is willing to have
household use.
you assume the lease, you must write to the
lessor within 30 days stating that you assume the
q The property
is tangible personal
lease. 11 U.S.C. ? 365(p)(2).
property ─ the property is physical, such
as furniture, appliances, and cars.
q You are
either claiming the property as
File the Statement of Intention
before the
exempt or the trustee has abandoned it.
deadline
To obtain court authorization to redeem your
You must file this form either within 30 days
property, you must file a motion with the
after you file your bankruptcy petition or by the
court. If the court grants your motion, you pay
date set for the meeting of creditors, whichever is
the creditor the value of the property or the
earlier. You must also deliver copies of this
amount of the claim, whichever is less. The
statement to the creditors and lessors you listed
payment will be a single lump-sum payment.
on the form. Bankruptcy Rule 1007(b)(2).
If two married people are filing together in a
joint case, both are equally responsible for
supplying correct information. Both debtors must
sign and date the form.
Statement of Intention for Individuals Filing Under Chapter 7
(Official Form 108)
page 39
Application for Individuals to Pay the Filing Fee in
Installments (Official Form 103A)
If you cannot afford to pay the full filing fee
Fee Waived (Official Form 103B).
when you first file for bankruptcy, you may
pay the fee in installments. However, in most
If a bankruptcy petition preparer helped you
cases, you must pay the entire fee within 120
complete this form, make sure that person fills
days after you file, and the court must approve
out the Bankruptcy Petition Preparer?s Notice,
your payment timetable. Your debts will not be
Declaration, and Signature (Official Form 119);
discharged until you pay your entire fee.
include a copy of it when you file this
application.
Do not file this form if you can afford to pay
your full fee when you file.
This form includes a proposed order for use by
the court in considering the application. The
If you are filing under chapter 7 and cannot afford
court may modify the form of the order or use its
to pay the full filing fee at all, you may be
own version of the order.
qualified to ask the court to waive your filing fee.
See Application to Have Your Chapter 7 Filing
Application for Individuals to Pay the Filing Fee in Installments
(Official Form 103A)
page 40
Application to Have the Chapter 7 Filing Fee
Waived (Official
Form 103B)
The fee for filing a bankruptcy case under
dependents listed on Schedule I.
Your family
chapter 7 is $335. If you cannot afford to pay
may be different from your household,
the entire fee now in full or in installments
referenced on Schedules I
and J. Your
within 120 days, use this form. If you can
household may include your unmarried partner
afford to pay your filing fee in installments, see
and others who live with you and with whom
Application for Individuals to Pay the Filing
you share income and expenses.
Fee in Installments (Official Form 103A).
If a bankruptcy petition preparer helped you
If you file this form, you are asking the court
complete this form, make sure that person fills
to waive your fee. After reviewing your
out Bankruptcy Petition Preparer?s Notice,
application, the court may waive your fee, set a
Declaration, and Signature (Official Form 119);
hearing for further investigation, or require you
include a copy of it when you file this
to pay the fee in installments or in full.
application.
If you have already completed the following
forms, the information on them may help you
For your fee to be waived, all of these
when you fill out this application:
statements must be true:
n Schedule A/B:
Property (Official
n You are filing
for bankruptcy under
Form 106A/B)
chapter 7.
n Schedule I:
Your Income (Official
n You are an
individual.
Form 106I)
n The total
combined monthly income for
n Schedule J:
Your Expenses (Official
your family is less than 150% of the official
Form 106J)
poverty guideline last published by the U.S.
Department of Health and Human Services
This form includes a proposed order for use by
(DHHS). (For more information about the
the court in considering the application. The
guidelines, go to http://www.uscourts.gov.)
court may modify the form of the order or use
its own version of the order.
n You cannot
afford to pay the fee in
installments.
Your family
includes you, your spouse, and any
Application to Have the Chapter 7 Filing Fee Waived
(Official Form 103B)
page 41
For Individual Chapter 11 Cases: List of Creditors
Who Have the 20 Largest Unsecured Claims
Against You and Are Not Insiders (Official Form
104)
full. For example, if you owe a creditor $30,000
If you are filing under chapter 7,
for your car and the creditor has a security
12, or 13, do not fill out this form.
interest in your car but the car is worth only
$20,000, the creditor has a $20,000 secured
claim and a $10,000 unsecured claim.
The people or organizations to whom you owe
money are called your creditors.
A claim is a
$30,000 Total amount you owe creditor
creditor?s right to payment. If you are an
─
$20,000 Amount your car is worth (amount of
secured claim)
individual filing for bankruptcy under chapter 11,
you must fill out For Individual Chapter 11
$10,000 Amount of unsecured claim
Cases: List of Creditors Who Have the 20
Many claims have a specific amount, and you
Largest Unsecured Claims Against You and Are
clearly owe them. However, some claims are
Not Insiders (Official Form 104).
uncertain when you file for bankruptcy, or they
Creditors may have different types of claims:
become due only after you file. You must
include such claims when listing your 20 largest
n Secured
claims, or
unsecured claims on this list.
n Unsecured
claims.
If your debts are not paid, creditors with
Claims may be contingent, unliquidated,
secured claims may be able to get paid from
or disputed.
specific property in which that creditor has an
interest, such as a mortgage or a lien. If a
The form asks you to identify claims that are:
creditor has security interest in your property,
n Contingent
claims,
but the value of the property available to pay
the creditor is less than the amount you owe the
n Unliquidated
claims, or
creditor, the creditor has both a secured and an
n Disputed
claims.
unsecured claim against you. The amount of the
unsecured claim is the total claim minus the
A claim is contingent
if you are not obligated to
value of the property that is available to pay the
pay it unless a particular event occurs after you
creditor.
file for bankruptcy. You owe a contingent
claim, for example, if you cosigned someone
Generally, creditors with unsecured claims do
else?s loan. You may not have to pay unless that
not have rights against specific property, or the
person later fails to repay the loan.
specific property in which the creditor has
rights is not worth enough to pay the creditor in
Individual Chapter 11 Cases: Creditors Who Have 20 Largest Unsecured Claims
(Official Form 104)
page 38
A claim is unliquidated
if the amount of the
On this form, list the creditors with the
debt cannot be readily determined, such as by
20 largest unsecured claims who are not
referring to an agreement or by a simple
insiders
computation. An unliquidated claim is one for
which there may be a definite liability but
You must file this form when you file your
where the amount has not been set. For
chapter 11 bankruptcy case with the court.
instance, if you were involved in a car accident,
When you list the 20 largest unsecured
the victim may have an unliquidated claim
creditors, include all unsecured creditors, except
against you because the amount of damages has
for the following two types of creditors, even if
not been set.
you plan to pay them. Do not include:
A claim is disputed
if you do not agree that you
n Anyone who is
an insider.
Insiders include
owe the debt. For instance, your claim is
relatives; general partners of you or your
disputed if a bill collector demands payment for
relatives; corporations of which you are an
a bill you believe you already fully paid.
officer, director, or person in control; and
A single claim can have one, more than one, or
any managing agent. 11 U.S.C. ? 101(31).
none of these characteristics.
n Secured
creditors, unless the unsecured
claim resulting from inadequate collateral
value places the creditor among the holders
of the 20 largest unsecured claims.
Make sure that all of the creditors listed on this
form are also listed on either Schedule D:
Creditors
Who Have Claims Secured by Property (Official
Form 106D) or Schedule E/F: Creditors Who Have
Unsecured Claims (Official Form 106E/F).
On the form, you will fill in what the claim is
for. Examples include trade debts, bank loans,
professional services, and government
contracts.
Individual Chapter 11 Cases: Creditors Who Have 20 Largest Unsecured Claims
(Official Form 104)
page 39
Glossary
Glossary
page 40
Definitions of Some Terms Used in the Forms for
Individuals Filing for Bankruptcy
Here are definitions of some of the important terms used in the forms for
individuals who are filing for
bankruptcy. See Bankruptcy Basics
(www.uscourts.gov/FederalCourts)
for more information about filing
for bankruptcy and other important terms you should know. These definitions
are intended only to
provide guidance. They are not a substitute for legal advice.
Annuity ? A
contract for the periodic
Collateral ? Specific property subject to a
payment of money to you, either for life or
lien from which a creditor may be paid ahead
for a number of years.
of other creditors without liens on that
property. Includes a mortgage, security
interest, judgment lien, statutory lien, or other
Bankruptcy petition preparer ? A person or
lien.
business, other than a lawyer or someone
who works for a lawyer, that charges a fee to
prepare bankruptcy documents. Under your
Community property ? A type of property
direction and control, the bankruptcy petition
ownership available in certain states for
preparer generates bankruptcy forms for you
property owned by spouses and, in some
to file by typing them. Because they are not
instances, legal equivalents of spouses.
attorneys, they cannot give legal advice or
Community property states and territories
represent you in bankruptcy court. Also
include Arizona, California, Idaho,
called typing services.
Louisiana, Nevada, New Mexico, Puerto
Rico, Texas, Washington, and Wisconsin.
Business debt ? A debt that you incurred to
obtain money for a business or investment or
Consumer debt ? A debt you incurred
incurred through the operation of the
primarily for a personal, family, or household
business or investment.
purpose.
Claim ? A creditor?s right to payment, even
Contingent claim ?
A debt you are not
if contingent, disputed, unliquidated, or
obligated to pay unless a particular event
unmatured.
occurs after you file for bankruptcy. You owe
a contingent claim, for example, if you
cosigned someone else?s loan. You may not
Codebtor ? A person or entity that may also
have to pay unless that person later fails to
be responsible for paying a claim against the
repay the loan.
debtor.
Definitions Used in the Forms for Individuals Filing for Bankruptcy
page 41
Creditor matrix or mailing matrix ? A list of
Discharge ? A
discharge in bankruptcy
names and addresses of all of your creditors,
relieves you after your bankruptcy case is
formatted as a mailing list according to
over from having to pay debts that you owed
instructions from the bankruptcy court in
before you filed your bankruptcy case. Most
which you file.
debts are covered by the discharge, but not
all. (The instruction booklet explains more
about common debts that are not discharged
Creditor ? A
person or organization to
in bankruptcy.) Only your personal liability is
whom you owe money or who claims that
removed by the discharge.
you owe it money.
Disputed claim ? A debt you do not agree
Current value, fair market value, or value ?
that you owe. For instance, your claim is
The amount property is worth, which may be
disputed if a bill collector demands payment
more or less than when you purchased the
for a bill you believe you already fully paid.
property. Absent specific instruction, the
value should be the price that could be
realized from a cash sale or liquidation
Eviction judgment ? A judgment for
without duress within a reasonable time. See
possession that your landlord has obtained in
the instructions for specific forms regarding
an eviction, unlawful detainer action, or
whether the value requested is as of the date
similar proceeding.
of the filing of the petition, the date you
complete the form, or some other date.
Executory contract ? A contract between
you and someone else in which both of you
Debtor 1 ? A debtor filing alone or one
still have obligations to perform under the
person in married couple who is filing a
contract at the time you file for bankruptcy.
bankruptcy case with a spouse. The same
person retains this designation in all of the
Exempt property ? Property, or the value of
forms.
a portion of it, that the law allows you to
keep for your use rather than surrender it for
Debtor 2 ? A
second person in a married
the payment of your debts, provided that you
couple who is filing a bankruptcy case with a
follow the correct procedure to claim the
spouse.
exemption.
Dependent ? A person who is economically
Garnishment ? A procedure by which a
dependent on you regardless of whether the
creditor can reach money of yours that is in
person can be claimed as a dependent on your
the hands of a third party to satisfy a debt.
federal tax return. However, Chapter 7 Means
Garnishments are sometimes used by
Test Calculation (Official Form 122A-2) and
creditors to obtain money from your wages or
Chapter 13 Calculation of Your Disposable
bank account.
Income (Official Form 122C-2) use the term in
a more limited way. See the instructions on
those forms.
Definitions Used in the Forms for Individuals Filing for Bankruptcy
page 42
Individual debtor ? A human being who is
Nonpriority unsecured claim ? A debt that
filing for bankruptcy either alone or with a
generally will be paid after priority unsecured
spouse, whether or not the individual owns a
claims are paid. The most common examples
business.
are credit card bills, medical bills, and
educational loans.
Joint case ? A single case filed by a married
couple.
Payment advice ? A statement such as a pay
stub or earnings statement from your
employer that shows all earnings and
Judgment lien ? A lien that arises as a result
deductions from your pay.
of a judgment against you.
Presumption of abuse ? A rebuttable legal
Legal equivalent of a spouse ? A person
presumption that you have too much income
recognized by applicable nonfederal law as
after allowed expenses to be granted relief
having a relationship with the debtor that
under chapter 7.
grants legal rights and responsibilities
equivalent, in whole or in part, to those
granted to a spouse.
Priority unsecured claim ? A debt that the
Bankruptcy Code requires to be paid before
most other unsecured claims are paid. The
Legal or equitable interest ? A broad term
most common examples are certain income
that includes all kinds of property interests in
tax debts and past due alimony or child
both tangible and intangible property,
support.
whether or not anyone else has an interest in
that property.
Property you own ? Includes property you
have purchased, even if you owe money on
Negotiable instrument ? A financial
it, such as a home with a mortgage or an
instrument that you can transfer to someone
automobile with a lien.
by signing or delivering it, including personal
checks, cashiers? checks, promissory notes,
and money orders.
Reaffirming a debt ? Agreeing to repay a
debt that would otherwise be discharged by
entering into a new written agreement with
Non-individual debtor ? A debtor that is not
the creditor. A reaffirmation agreement may
a human being -
for example, an artificial
allow you to keep property that a creditor has
entity such as a corporation, partnership, or
the right to take from you because it secures
limited liability company (LLC).
the debt being reaffirmed. For a reaffirmation
agreement to be effective, there are many
Non-negotiable instrument ? A financial
procedural and legal requirements that must
instrument that you cannot transfer to
be satisfied during the bankruptcy case.
someone by signing or delivering it.
Definitions Used in the Forms for Individuals Filing for Bankruptcy
page 43
Secured claim ? A
claim that may be
Unliquidated claim
? A debt with an amount
satisfied in whole or in part either
cannot be readily determined, such as by
referring to an agreement or by a simple
n by a charge against or an interest in
computation. An unliquidated claim is one
specific property of the debtor, or
liability but
for which there may be a definite
n by a right of setoff.
where the value has not been set. For instance,
if you were involved in a car accident, the
Common examples of creditors who have
victim may have an unliquidated claim
secured claims are lenders from your car,
against you because the amount of damages
your home, or your furniture.
has not been determined.
Sole proprietorship ? A business you own as
Unsecured claim ? A claim held by a
an individual that is not a separate legal
creditor who does not have security interest
entity such as a corporation, partnership, or
in or other lien on your property or a right of
LLC. Sole proprietors must use the
setoff.
bankruptcy forms that are numbered in the
100 series.
You ? A debtor filing alone or one person in
married couple who is filing a bankruptcy
Statutory lien ? A lien that arises as a result
case with a spouse.
of a statute.
Unexpired lease ?A lease that is in effect at
the time you filed for bankruptcy.
Definitions Used in the Forms for Individuals Filing for Bankruptcy
page 44
