New modernized bankruptcy forms proposed

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The Judicial Conference is proposing the first set of revised bankruptcy forms for individual filers in more than two decades.

The conference is seeking public comments on the newly revised forms, including the fee waiver and installment fee forms, income and expense forms and means test forms, which will replace the existing documents used by filers.

Conference officials said the proposed revisions are meant to take into account how most people file individual petitions for bankruptcy, usually involving personal or consumer debt.

“We recognized that the debtors filing as individuals may not have the assistance of a lawyer, and they may not be as sophisticated about finances as, for example, a large corporate debtor,” said Oregon-based Bankruptcy Judge Elizabeth Perris, who heads an ad hoc group created by the Judicial Conference Advisory Committee on Bankruptcy Rules. “Our goal was to make the official bankruptcy forms more user-friendly and less error-prone.”

The revised forms have a more intuitive layout and feel, according to court officials. They feature clearer instructions, explanations of the filing process, prompts and checklists, as well as more explanatory instruction sheets. They also state clearly that the information will be needed for completion at the outset, and the forms underscore the complexities of filing for bankruptcy.

After the comment period, the forms will be fine-tuned based on the public’s feedback, court officials said. Comments may be submitted to the Administrative Office of the U.S. Courts via email at [email protected].

The ad hoc committee is now drafting new forms for non-individual filers.