Bankruptcy Forms to Change December 1st

KCSBy Keri P. Ebeck, Partner

As of December 1, 2015, the United States Bankruptcy Courts will mandate usage and filing of the forms approved at the Judicial Conference in September 2015. Although many of the official bankruptcy forms will change, those effecting lenders and creditors directly include: proof of claims, mortgage attachment (also known as 410A form), notice of payment change, notice of post petition expenses and the reaffirmation agreement cover page.

Lenders and creditors should be aware that after December 1, 2015, the old forms will not be accepted and the Courts will require usage of the new forms. Most importantly is that creditors, prior to December 1, 2015 should review the new forms and their requirements, which can be found at http://www.uscourts.gov/rules-policies/pending-rules-amendments/pending-changes-bankruptcy-forms. The new proof of claim and the mortgage attachment (Form 410A) have significant changes and require substantially more information to complete as compared to the old forms, and therefore, prior review is recommended.

Upon review of the new forms, if there are specific questions or concerns with completing the new forms, creditors should seek the advice of counsel to discuss.

If you have any questions, please contact Keri P. Ebeck, Esq. Keri practices in Bankruptcy and is located in the Pittsburgh office. She can be reached at 412.338.7102 and kebeck@weltman.com.

 

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