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Friday, September 29, 2006

On August 18, 2006, a Notice to the Bankruptcy Bar was sent to advise of pending amendments to certain official forms which are effective October 1, 2006. Forms are available for your further review at   Amended Forms include Official Form 1, the Voluntary Petition, accompanied by a NEW Exhibit D. Exhibit D must be filed by all debtors and joint debtors when a new case is filed. Please note the language on Official Form 1, Exhibit D which states "If a joint petition is filed, each spouse must complete and file a separate Exhibit D." Further, Interim Bankruptcy Rule 1007 will be considered for adoption by local rule to operate with the amendment to Official Form 1, the voluntary petition. The Interim Rule, if adopted, permits a debtor to state that they have completed credit counseling and are awaiting receipt of the appropriate certificate. In that event, the debtor has until 15 days after the filing of the petition to file the certificate with the Court.