Permitted Changes to Official Bankruptcy Forms
General Information
Bankruptcy Rule 9009 governs the use of forms in bankruptcy cases and proceedings. The rule provides for two types of forms:
- Official Bankruptcy Forms which are designated by three numbers and must be approved by the Judicial Conference of the United States Courts; and
- Director’s Bankruptcy Forms which are designated by four numbers and are issued by the Director of the Administrative Office of the United States Courts.
The use of Official Bankruptcy Forms is required with certain exceptions, and the ability to modify Official Forms is limited. As stated in the rule (effective December 1, 2017):
The Official Forms prescribed by the Judicial Conference of the United States shall be used without alteration, except as otherwise provided in these rules, in a particular Official Form, or in the national instructions for a particular Official Form.
Table 1 describes alterations that are permitted to certain Official Forms by the National Instructions for the form.
Table 2 describes alterations that are permitted to certain Official Forms by a Bankruptcy Rule.
In addition, some Official Forms indicate on their face that specified types of alterations may be made to them.
In contrast to Official Bankruptcy Forms, the use of Director’s Bankruptcy Forms is permissive. Director’s Forms have been created by the Administrative Office of the United States Courts for the benefit of bankruptcy case participants and may be modified to fit the needs of the user. Local Courts sometimes require the use of a particular Director’s Forms, however, and limit modifications to such forms, or base their local forms on Director’s Forms. So users should check the rules and forms section of the website where the case is filed to ensure that use of particular Director’s Forms is permitted in that court.
Table 3A lists Official Bankruptcy Forms, and Table 3B lists Director’s Bankruptcy Forms.
Find current copies of all bankruptcy forms.
Official Form | Alteration Permitted by National Instructions |
103A (Application for Individuals to Pay the Filing Fee in Installments), Instructions | “This form includes a proposed order for use by the court in considering the application. The court may modify the form of the order or use its own version of the order.” Instructions – Bankruptcy Forms for Individuals, page 37. |
103B (Application to Have the Chapter 7 Filing Fee Waived), Instructions | “This form includes a proposed order for use by the court in considering the application. The court may modify the form of the order or use its own version of the order.” Instructions – Bankruptcy Forms for Individuals, page 37. |
309A-I (Case Noticing Forms), Instructions |
“Courts, or, in the event that the noticing function has been delegated, the individual or entity providing notice, may modify this form by adding additional information.” |
312 (Order and Notice for Hearing on Disclosure Statement), Instructions | “Alterations may be made to this form.” |
313 (Order Approving Disclosure Statement), Instructions | “Alterations may be made to this form.” |
314 (Ballot for Accepting or Rejecting Plan), Instructions | “Alterations may be made to this form.” |
315 (Order Confirming Plan), Instructions |
“Alterations may be made to this form.” |
318 (Discharge of Debtor – Chapter 7), Instructions | “Alterations may be made to this form.” |
420A (Notice of Motion or Objection), Instructions | “Alterations may be made to this form in accordance with local court rules.” |