The Court has revised two CSD forms and created a new form related to the pre-confirmation process in Chapter 13 cases. They are the CSD 1330 Pre-Confirmation Modification form, CSD 1170 Notice of Modified Chapter 13 Plan Filed Before Confirmation (when parties in interest may be adversely affected), and a new CSD 1331 Notice of Pre-Confirmation Modification (when parties in interest may not be adversely affected).

Comments concerning these forms may be submitted by E-mail to LBRcomments@casb.uscourts.gov (link sends e-mail) [please include the name, firm name (if any), E-mail address, and phone number of the person submitting the comment] or by mail to the Clerk of Court at 325 West F Street, San Diego, California 92101-6991. Please note on the envelope "CSD Forms".

The period for comment extends through April 5, 2019.

Pending Changes in the Bankruptcy Forms

Revised Dollar Amounts in Specific Forms Effective April 1, 2019

Automatic adjustments will be made on April 1, 2019, to dollar amounts stated in various provisions of the Bankruptcy Code, one provision in Title 28, seven Official Bankruptcy Forms which contain adjusted dollar amounts, the Instructions for Individual and Non-Individual Debtors, two Director’s Forms which include dollar amounts, and one set of instructions for a Director’s Form which includes a dollar amount. The adjustments will apply to cases filed on or after April 1, 2019.

Section 104 of the Code provides that the Judicial Conference make the adjustments, which are calculated at three-year intervals on the basis of the change in the Consumer Price Index for the most recent three-year period ending immediately before the year in which the adjustment is made and rounded to the nearest $25. The Conference has delegated that authority to the Administrative Office.

In addition, regarding Involuntary Petitions, Section 303(b) of the Bankruptcy Code provides that each of the petitioning creditors must hold claims against the debtor which are not contingent as to liability and which are not subject of a bona fide dispute.  Although there are several complex criteria, the two basic ones are: 1) if the debtor has fewer than 12 creditors, only one creditor need file the involuntary petition, whereas if the debtor has 12 or more creditors, at least three of the creditors must join in the petition; and 2) the claims of the petitioning creditor or creditors must total at least $16,750. (This amount is subject to adjustment in 4/01/22, and every three years thereafter with respect to cases commenced on or after the date of adjustment.)

The Official Forms, Director’s Forms, and instructions impacted, which are listed below, can be accessed through this link and will be available on our Court Forms List and/or Petition Forms List on Friday March 29 and are effective on April 1.  A ZIP file of all the updated forms can be downloaded now.  

• Official Form 106C, The Property You Claim as Exempt, Line 3
   
• Official Form 107, Your Statement of Financial Affairs for Individuals Filing for Bankruptcy, Line 6
   
• Official Form 122A-2, Chapter 7 Means Test Calculation, Lines 29 and 40
   
• Official Form 122C-2, Chapter 13 Calculation of Your Disposable Income, Line 29
   
• Official Form 201, Voluntary Petition for Non-Individuals, Line 8
   
• Official Form 207, Statement of Your Financial Affairs, Lines 3 and 4
   
• Official Form 410, Proof of Claim, Line 12
   
• Director’s Form 2830, Chapter 13 Debtor's Certifications Regarding Domestic Support Obligations and Section 522(q), Part III: This affects the following CASB forms:
   
  • CSD 2120: Ch 13 Certifications Re Domestic Support Obligations, Section 522(q) and Eligibility for Discharge (Part III)
     
  • CSD 2121: Ch 11 Individual Debtor’s Request for Discharge, Certifications Re Domestic Support Obligations and Section 522(q) (Part IV)
     
  • CSD 2122: Ch 12 Individual Debtor’s Certifications Re Domestic Support Obligations, Section 522(q) and Eligibility for Discharge (Part III)

• Instructions for Individual Debtors, Pages 9 and 24
  
  • Chapter 7 Petition Package
  • Chapter 11 Petition Package
  • Chapter 12 Petition Package
  • Chapter 13 Petition Package
     
• Instructions for Non-Individual Debtors, Page 12, are included in the following Non-Individual petition packages:
  
  • Chapter 7 Petition Package
  • Chapter 11 Petition Package
  • Chapter 12 Petition Package