Chapter IX Miscellaneous Matters

• Jurisdiction: United States

IX. Miscellaneous Matters

A. Official Forms

Official forms have been promulgated for use in consumer bankruptcy. These are available on any bankruptcy court's website or at www.uscourts.gov/forms/bankruptcy-forms. Many courts have also promulgated local forms such as model chapter 13 plans and continuance orders, reaffirmation agreements and attorney-disclosure forms.

1. Voluntary Petition (Official Form 101);
2. Application and Order to Pay Filing Fee in Installments (Official Form 103A);
3. Application for Waiver of Chapter 7 Filing Fee (Official Form 103B);
4. Schedules (Official Forms 106A/B to 106J-2);
5. Statement of Financial Affairs (Official Form 107);
6. Chapter 7 Debtor's Statement of Intention (Official Form 108);
7. Proof of Claim (Official Form 410), plus required attachments for mortgage claims (Forms 410A to 410S-2);
8. Statement of Social Security Number (Official Form 121);
9. Statement of Current Monthly Income and Means Test Calculation (Chapter 7) (Official Forms 122A-1 and 122A-2);
10. Statement of Current Monthly Income and Calculation of Commitment Period and Disposable Income (Chapter 13) (Official Forms 122C-1 and 122C-2); and
11. Form B2000 (which provides a checklist of required lists, schedules, statements and fees for each chapter).

B. Dollar-Amount Adjustments

Most of the monetary amounts in the Code are subject to cost-of-living adjustments at three-year intervals commencing April 1, 1998, with the most recent adjustment in 2016.⁵⁸² Those that directly affect consumers include:

1. exemption amounts;
2. limitations on qualifying debt for chapter 13 relief;
3. definition of an "assisted person";
4. amounts specified under the means test;
5. limit on exempting an IRA;
6. limit on homestead exemptions;
7. limits on the value of certain property on which liens may be avoided under 11 U.S.C. § 522(f)(3)(B);
8. amounts triggering the "luxury goods" exception to discharge;
9. amounts entitled to priority;
10. minimum aggregate claims required for an involuntary case; and
11. limits on exclusions from property of the bankruptcy estate for education IRA and pre-paid tuition credits.

C. Hearings

With the exception of creditors' meetings, free-and-clear sales, obtaining credit outside the ordinary course of business, and reaffirmation hearings, hearings are not usually set absent a party's request. In most consumer chapter 7 cases, the only hearing the debtor will attend is the creditors' meeting. In a chapter 13, the debtor may also...