Free Committee Notes - All


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Date: October 21, 2005
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State: All
Category: General Forms
Author: Wannamak
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Form 8

1991 COMMITTEE NOTE This form is derived from former Official Form No. 8A. Rule 1007(b)(2) requires the debtor to serve a copy of this statement on the trustee and all creditors named in the statement. In a joint case, if the property and debts of both debtors are the same, the form may be adapted for joint use. If joint debtors have separate debts, however, each debtor must use a separate form.

1995 COMMITTEE NOTE This form is a "document for filing" that may be prepared by a "bankruptcy petition preparer" as defined in 11 U.S.C. 110, which was added to the Code by the Bankruptcy Reform Act of 1994; accordingly, a signature line for such preparer is added. In addition to signing, a bankruptcy petition preparer is required by section 110 to disclose the information requested.

1997 COMMITTEE NOTE The form is amended to conform more closely to the language of the Bankruptcy Code. The amendments also make clear that the form is not intended to take a position regarding whether the options stated on the form are the only choices available to the debtor. Compare Lowry Federal Credit Union v. West, 882 F.2d 1543 (10th Cir. 1989), with In re Taylor, 3 F.3d 1512 (11th Cir. 1993).

2003 COMMITTEE NOTE Pursuant to 110(c) of the Bankruptcy Code, the certification by a non-attorney bankruptcy petition preparer requires a petition preparer to provide the full social security number of the individual who actually prepares the document.

2005 COMMITTEE NOTE The form is amended to conform to 521(a)(6), which was added to the Code by the Bankruptcy Abuse Prevention and Consumer Protection Act of 2005, Pub. L. No. 109-8, 119 Stat. 23 (April 20, 2005), by adding a 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. The certification by a non-attorney bankruptcy petition preparer in the form is renamed a "declaration" and is amended to include material mandated by the 2005 amendments to 110 of the Code.