The revision and updating of the official bankruptcy forms are done by the Judicial Conference Committee on Rules of Practice and Procedure. These forms (available on the website) have to be filled when you file for bankruptcy. In December 2014, the committee had revised and given out the new versions of the following official bankruptcy forms:
1) Application for Payment of Filing Fee in Installments: Reference to filing fee amounts has been removed in the new form.
2) Application to Waive Chapter 7 Filing Fee: There isn’t any inclusion of the actual filing fee amount on the blank order form.
3) Forms for Chapter 7 Means Test: There are three separate forms of Chapter 7 means test.
- Form 22A-1. Chapter 7 Statement of Your Current Monthly Income
It is mandatory for the ones filing for Chapter 7 bankruptcy, to complete this form. Here, your current monthly income is calculated and then compared to the median income of your state, depending on your family size. In case your income is more than the state median along with your ineligibility to fit into any of the categories of Form 22A-1-Supp, you’ll also have to fill Form 22A-2. If the income is less than the state median, you won’t have to fill Form 22A-2.
- Form 22A-1-Supp. Statement of Exemption from Presumption of Abuse Under §707(b)2)
This form needs to be filled in case you’re not required to pass the Chapter 7 means test to file for Chapter 7 bankruptcy.
- Form 22A-2. Chapter 7 Means Test Calculation
You need to fill this form when your monthly income is more than your state median. It has a series of steps to go through your income and expenses. Your eligibility to repay a certain amount to lenders is then determined. Passing this test allows you to file for Chapter 7 bankruptcy, provided you fulfill other eligibility criteria.
4) Forms for Chapter 13 Disposable Income and Calculating Plan Period: Since December 2014, there are two forms required to be completed, to determine the duration of the Chapter 13 plan and the amount of disposable income of the debtors.
- Form 22C-1. Chapter 13 Statement of Your Current Monthly Income and Calculation of Commitment Period
It is compulsory for the ones filing for Chapter 13 bankruptcy, to complete this form. It works like Form 22A-1 of Chapter 7 bankruptcy, but here your Chapter 13 plan will probably last for three years if your monthly income is less than your state median. You’ll also be allowed to use your actual expenses while calculating your disposable income, and you won’t have to complete Form 22C-2. An income, more than the state median, will require you to fill Form 22C-2.
- Form 22C-2. Chapter 13 Calculation of Your Disposable Income
This form will use preset expense figures to calculate your disposable income. This form needs to be filled if your income exceeds the state median threshold.
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