Consumer Bankruptcy Journal Fall 2015 - Page 69

Form Modernization Overview Official Form 106Dec Overview: ` Official Form 106Dec, Declaration About an Individual Debtor’s Schedules, replaces Official Form 6, Declaration Concerning Debtor’s Schedules, in cases of individual debtors. New Form Elements: The form, which is to be signed by the debtor and filed with the debtor’s schedules, deletes the Declaration and Signature of Bankruptcy Petition Preparer (BPP). Instead, the debtor is directed to complete and file Official Form 119, Bankruptcy Petition Preparer’s Notice, Declaration, and Signature, if a BPP helped fill out the bankruptcy forms. Because the form applies only to individual debtors, it no longer contains the Declaration Under Penalty of Perjury on Behalf of a Corporation or Partnership. It also deletes from the declaration the phrase “to the best of my knowledge, information, and belief” in order to conform to the language of 28 U.S.C. § 1746. The need to total the number of pages is removed from the form. REVISED – The language has been revised, now referencing Debtor 1 and Debtor 2 in the caption. The style also matches the 2015 form changes for modernized captions. NEW – An amended checkbox has been added to the form NEW – This is a new section to list the name of an individual who filled out information pertaining to the filing on the debtor’s behalf. © 2015 CINgroup. All Rights Reserved |