Free Summary of Amendments to Official Bankruptcy Forms (effective 12/01/2008) - Idaho

Summary of Forms: Effective December 1, 2008. Please refer to the following hyperlink for
full text of the changes: http://www.uscourts.gov/bankform/index.html Exhibit D to Official Form 1 (Individual Debtor's Statement of Compliance with Credit Counseling Requirement) (alerts debtors to the prepetition credit counseling requirement). Official Form 8 (Chapter 7 Individual Debtor's Statement of Intention) (adds section covering personal property subject to an unexpired lease and an option labeled "lease will be assumed pursuant to 11 U.S.C. § 362(h)(1)(A)" to the choices a debtor may make). Official Form 9F (Notice of Chapter 11 Bankruptcy Case, Meeting of Creditors and Deadlines ­ Corporation/Partnership case) (revised to delete the debtor's phone number in conformity with the other versions of Official Form 9. Official Form 10 (Proof of Claim) (conforms with the changed priority scheme in the Code. Also provides more accurate addresses for transmittal of payments and notices and updates the Instructions and Definitions portions of the form). Official Form 23 (Debtor's Certification of Completion of Instructional Course Concerning Personal Financial Management) (requires debtor to provide number of the certificate of completion received from the course, requires debtor to indicate any applicable exception to the requirement to complete the course, and states deadlines for filing the certification in a chapter 7 case and a chapter 13 case). Official Form 25A ([Name of Proponent]'s Plan of Reorganization, Dated [Insert Date]) and Official Form 25B ([Name of Proponent]'s Disclosure Statement, Dated [Insert Date]) (new forms for reorganization plan and disclosure statement to be used in small business cases under chapter 11). Official Form 25C (Small Business Monthly Operating Report) (new form to assist small business debtors in chapter 11 cases to fulfill their financial reporting responsibilities under the Code). Official Form 26 (Periodic Report Concerning Related Entities) (new form to be used when required by proposed new Bankruptcy Rule 2015.3 to file periodic reports on the profitability of any entities in which a chapter 11 debtor holds a substantial or controlling interest). Form 201 (Notice to Individual Consumer Debtor) Director's Procedural Form B 201 has been amended to advise debtors that Rule 4002 requires the debtor to notify the court of any changes in the debtor's address. As revised, Form B 201 also states that joint debtors who list the same mailing address on the bankruptcy petition, will generally receive a single copy of each notice mailed from the bankruptcy court in a jointly-addressed envelope. Form 283 (Chapter 13 Debtor's Certifications Regarding Domestic Support Obligations and Section 522(q)) Director's Procedural Form B 283 is new. Form B 283 may be used by debtors to certify that they have complied with two of the requirements set out in section 1328(a) of the Bankruptcy Code for a discharge in chapter 13.

B 22A (Statement of Current Monthly Income and Means Test Calculation) (Chapter 7) (Effective 12/19/08, Pending approval by the Judicial Conference) . The National Guard and Reservists Debt Relief Act of 2008, Pub.L. 110-438, provides a temporary exclusion from the bankruptcy means test for Reservists and members of the National Guard called to active duty or homeland defense activity after September 11, 2001, for at least 90 days. The proposed amendment to Official Form 22A includes a new Part 1C where qualifying debtors can invoke the temporary exclusion from the means test. If approved by the Judicial Conference, the amended form will be effective on December 19, 2008, the same time the statute is effective.