Starting today, you may notice a new look for some of the forms used in bankruptcy cases. Some of the key forms now make a distinction between non-individual bankruptcy cases and business bankruptcy cases. For your convenience, we are attaching some of the key forms used in business bankruptcy cases.
The following are among the changes to the less compact form of petition for business bankruptcies:
- The form now makes clear that assumed names and doing business as names used within the last eight years must be included (and, of course, deletes the requirement for maiden and married names).
- The form also (finally) recognizes that just about every company now has a website and asks for the debtor’s URL.
- The question of whether the debtor owns or has possession of any “property that poses or is alleged to pose a threat of imminent and identifiable harm to public health or safety” now asks for the identification of the hazard and also asks about whether the debtors owns or possesses property that “needs to be physically secured or protected from the weather” or includes perishable goods or assets (ranging from livestock to stock).
- Estimated assets and liabilities used to top out at “More than $1 billion.” Now, the top category is “More than $50 billion.” Guess the bankruptcy statisticians cared about the $49 billion difference.
|Original Form Number||Original Form Name||December 1, 2015 Form Number||December 1, 2015 Form Name|
|Petition and Exhibits (Non-Individual)|
|B1||Voluntary Petition – Non-Individuals||B201||Voluntary Petition for Non-Individuals Filing for Bankruptcy|
|EXHIBIT A||B201A||Attachment to Voluntary Petition for Non-Individuals Filing for Bankruptcy Under Chapter 11|
|EXHIBIT C||B201||Hazardous Property or Property That Needs Immediate Attention — incorporated in Forms B 101 and B 201|
|B2||Declaration under Penalty of Perjury on Behalf of a Corporation or Partnership||B202||Declaration Under Penalty of Perjury for Non-Individual Debtors (For petition, schedules, SOFA, etc.)
|List of Creditors Holding 20 Largest Unsecured Claims||B204||For Chapter 11 Cases: The List of Creditors Who Have the 20 Largest Unsecured Claims Against You Who Are Not Insiders (non-individuals)|
|Schedules of Assets and Liabilities and Statement of Financial Affairs – Non-Individual|
|B6Summ||Summary of Schedules (Includes Statistical Summary of Certain Liabilities)||B206 –Summary||A Summary of Your Assets and Liabilities (non-individuals)|
|B6B||Schedule B – Personal Property||B206A/B||Schedule A/B: Property (combines real and personal property, non-individuals)|
|B6D||Schedule D – Creditors Holding Secured Claims||B206D||Schedule D: Creditors Who Hold Claims Secured By Property (against non-individuals)|
|B6F||Schedule F – Creditors Holding Unsecured Nonpriority Claims||B206E/F||Schedule E/F: Creditors Who Have Unsecured Claims (against non-individuals, combines priority and non-priority)|
|B6G||Schedule G – Executory Contracts and Unexpired Leases||B206G||Schedule G: Executory Contracts and Unexpired Leases (non-individuals)|
|B6H||Schedule H – Codebtors||B206H||Schedule H: Your Co-debtors (non-individuals)|
|B6Dec.||Declaration Concerning Debtor’s Schedules||B202||Declaration Under Penalty of Perjury On Behalf of a Corporation or Partnership (For petition, schedules, SOFA, etc.)|
|B7||Statement of Financial Affairs||B207||Statement of Your Financial Affairs (non-Individuals)|
|Involuntary Petition – Non Individuals|
|B5||Involuntary Petition- Non-Individuals||B205||Involuntary Petition Against a Non-Individual|
|Chapter 15 Petition|
|B1||Chapter 15 questions from Petition||B401||Petition for Recognition of Foreign Proceeding|
|Chapter 11 Notices|
|B9F||Chapter 11 Corporation/Partnership Case||B309F||(For Corporations or Partnerships) Notice of Chapter 11 Bankruptcy Case (former Alt version combined with Form B 309-F)|
|B9F (Alt.)||Chapter 11 Corporation/Partnership Case||B309F||(For Corporations or Partnerships) Notice of Chapter 11 Bankruptcy Case (former Alt version combined with Form B 309-F)|
|Proof of Claim and Attachments|
|B10||Proof of Claim||B410||Proof of Claim|
|B10A||Proof of Claim, Attachment A||B410A||Proof of Claim, Attachment A|
|B10S-1||Proof of Claim, Supplement 1||B410S-1||Proof of Claim, Supplement 1|
|B10S-2||Proof of Claim, Supplement 2||B410S-2||Proof of Claim, Supplement 2
The amendments also include a new Bankruptcy Official Form 2030, to be filed within 14 days after the date of the order for relief, regarding disclosure of compensation of the debtor’s attorney, as required by section 329(a) of the Bankruptcy Code and Bankruptcy Rule 2016(b).
Notably, no substantive changes to the Bankruptcy Rules were made this year.