Pending Changes in the Bankruptcy Forms
On September 12, 2017, the Judicial Conference approved several amendments to Official Forms that will go into effect on December 1, 2017, including Forms 101, 309F, 309G, 309H, 309I, 425A, 425B, 425C, and 426. Official Form 113 (Chapter 13 Plan) is discussed separately below.
- Official Form 309F (For Corporations or Partnerships) (Notice of Chapter 11 Bankruptcy Case)
- Official Form 309G (For Individuals or Joint Debtors) (Notice of Chapter 12 Bankruptcy Case)
- Official Form 309H (For Corporations or Partnerships) (Notice of Chapter 12 Bankruptcy Case)
- Official Form 309I (Notice of Chapter 13 Bankruptcy Case)
- Official Form 425A (Plan of Reorganization for Small Business Under Chapter 11)
- Official Form 425B (Disclosure Statement for Small Business Under Chapter 11)
- Official Form 425C (Monthly Operating Report for Small Business Under Chapter 11)
- Official Form 426 (Periodic Report Regarding Value, Operations, and Profitability of Entities in Which the Debtor’s Estate Holds a Substantial or Controlling Interest)
In addition, a package of rule and form amendments will be effective December 1, 2017, if Congress does not act to the contrary on the rule amendments. The full chapter 13 package, (Bankruptcy Rules 2002, 3002, 3007, 3012, 3015, 4003, 5009, 7001, 9009, and new Rule 3015.1, and new Official Form 113), can be found at Tab 5 of the Standing Committee’s January 2017 agenda book on uscourts.gov. As explained in the agenda book materials, Official Form 113 would be required to be used in federal districts after the effective date unless the district adopts a local form for chapter 13 plans that meets the requirements listed in new Rule 3015.1.
The latest version of proposed Official Form 113 can be found below.