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Working With Forms and Schedules 35
Nature of Debt and Venue: By default, Best Case Bankruptcy selects Non-Business/Consumer for the Nature of
Debt if you have selected Individual or Joint for the entity, and Business if you have selected any other answer for
entity. You can change the answer here if you like. Click on the appropriate button(s) to specify the venue; note that
the venue choices are not mutually exclusive.
Nature of Business: Use the checkboxes here to identify certain types of debtors for which the Bankruptcy Code
provides special treatment or requirements.
Filing Fee: By default, Best Case Bankruptcy selects Attached for this question. If you indicate in this screen that
the filing fee will be paid in installments, Form 3. The Application to Pay Filing Fee in Installments will appear in
the Forms and Schedules Menu for this client. If this is a corporate debtor, you will not have the choice of paying
the filing fee in installments.
Selecting the Waiver of Filing Fee option indicates that the debtor is applying for a waiver of the filing fee under
the enactment of 28 U.S.C. § 1930(f), and automatically adds Form 3B. Application for Waiver of Chapter 7 Filing
Fee to the Main List of forms and Schedules for the client. (For more information, see Form 3B. Application for
Waiver of the Filing Fee on page 44.)
The filing fee portion is grayed out for business debtors who must pay the entire filing fee at
the time of filing.
Type of Debtor, Chapter of Filing, and Jurisdiction: The type of debtor, chapter of filing, and jurisdiction have been
copied from the “Creating New Client File” Window. You can change them here at any time while you’re entering a
case, but if you do, the list of forms on the Forms and Schedules Menu may also change. If you want to change the
jurisdiction, click the
m
next to the jurisdiction field and click on your choice. If you do not see your choice, see
Installing Jurisdictions on page 296.
The matrix format, the set of exemption statutes, and various printing options for this case
will depend on the jurisdiction you select here, as defined in the Jurisdictions section of the
Setup Menu.
Case Number & Date Filed:
When you use OneTouch Plus™ Electronic Filing to submit your case, Best Case
inserts the case number and the filing date in the Client Notes screen for you. If you know the case number, or you
need to change or delete it, you can do so in the Case Status tab of the Client Notes.
Exemption Election: Specify whether you will be using federal or state exemptions with this case. This choice
corresponds to the exemption check box on Schedule C when it is printed. If you choose state exemptions, you can
choose which state’s laws
you want to use; Best Case Bankruptcy defaults to the state
’s laws
associated with this
district in the Jurisdictions section of your Setup Menu.
Exemption Analyzer: Clicking on the Exm 522 Analysis button opens up the 522 Exemption Analyzer, which
examines information you enter about the debtor's domicile and homestead purchase histories and helps you to
determine which state's exemptions the debtor should use and whether or not the debtor qualifies for the entire
homestead exemption under the new Code. For more information see § 522 Exemption Analyzer on page 39.
If the federal exemption choice appears grayed out in the program, an option in the Setup Menu specifies that
federal exemptions are not allowed in this state. You can change this setting through the jurisdictions section of the
Setup Menu. (See Editing Jurisdictions Settings on page 297.)
Choosing the Default Exemption Set for this District: For some states, the federal bankruptcy
exemptions are more generous than the state’s, and you might always want to use the Federal
Exemptions. You can make a quick change in your Setup Menu to default to the Federal
Statutes: Close the Voluntary Petition, then press
C
-
S
-
J
to edit the jurisdiction. With the box
“Federal Bankruptcy Exemptions…permitted” checked, check the box that says “Default for
new cases” then click
OK
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36 Best Case Bankruptcy for Windows
User’s Guide
Attorney Names: If just one attorney has been entered in the Setup Menu, this name will be filled in for you on the
Voluntary Petition. If you have several choices, select the attorney by clicking on the
m
button next to the attorney
field. You will get a pop-down list of all attorneys that you have entered through the Setup Menu. Click on the
appropriate attorney name or, you can type a new name
directly into the field if you don’t want the name saved for
new cases. Press
T
to move to the next field.
Editing Attorney Names: If you need to edit the attorney name through the Setup Menu,
reselect it here to register your changes for this case.
Pro Se Filings: If you are preparing forms for this debtor but are not representing him or her,
click the “Debtor not represented by an attorney” box. A field will appear where you can type
in the debtor’s
phone number, which will print in lieu of the attorney signature. Your firm
name will not print on forms for this Pro Se filing.
When you have completed the filing information, click Next Tab.
Info 2/ Ex D
If this is an individual filing, click the
Exhibit “D”
Debtor Counseling Button and then select the Debt Counseling
Certification option that applies to the debtor. If you select that the debtor is requesting a waiver of the Debt
Counseling Certification prior to filing, you can detail the "exigent circumstances" in the text box provided. If you
will be attaching t
he debtor’s certificate, see
page 255 for help scanning and attaching the PDF file. (Note that for
joint f
ilings a separate button is available for the joint debtor’s credit counseling requirement
, and debtor and joint
debtor version of
Exhibit “D”
will be included in the client’s forms and schedules menu
.)
If you indicate that the debtor is requesting a waiver of the debt counseling certification requirement prior to filing,
you can use the Best Case Editor to create a sta
ndard attachment detailing the “exigent circumstances”
behind the
debtor's request for waiving the certification requirement. (For more information see Creating an Attachment on
page 198.)
If the Debtor is the tenant of a residential property and the landlord has a judgment for possession, check the
appropriate box, and then fill in the landlord's name and address information. Check the appropriate boxes to
indicate whether debtor's landlord has a judgment for possession of the premises, whether the debtor is permitted to
cure a default and/or whether a deposit for rent due has been included with the petition.
if the debtor has property which is harmful or is alleged to be harmful to the public health, click the Exhibit C
checkbox. When you check this box, the form Exhibit C will appear in the Forms and Schedules Menu which you
will need to fill out to describe the nature and location of the property.
Click Next Tab to continue.
Chapter 11
Use the Chapter 11 tab to determine which boxes should b
e marked in the Chapter 11 Debtor’s section of the form,
such as whether the debtor is a small business, whether the debtor’s liquidated debts are less than $2
.19 million and
whether a plan will be included with the petition.
If you will be filing Exhibit “A” for this debtor, check the box marked “Exhibit ‘A’ is attached and made a part of
this petition.” Checking this box causes Exhibit “A” to appear in the Forms and Schedules Menu. Click on
Next
Tab to get to the filing information.
Note that in March, 1998, the category of chapter 11 debtors required to file Exhibit “A”:
was modified to include corporations, partnerships, or other entities, but only if the debtor has
issued publicly traded equity securities or debt instruments. Most small corporations are not
required to file Exhibit “A.”
26
Chapter 3
Working With Forms and Schedules 37
The Chapter 11 tab is available for any Chapter 11 filing; however the checkboxes available on this tab will vary
based on the filing type and version of the form you are using. (See Selecting the Correct Set of Federal Forms for
more info on switching form sets.)
Click Next Tab to continue.
Prior/Related
The Prior/Related tab makes it easy to enter multiple prior or pending filings and create an attachment.
If the debtor has filed for bankruptcy in the last 8 years click the Insert button and fill in the date, location and case
number, and then click OK. If there are multiple prior filings, simply hit Insert again and fill in the details for the
additional Case. Best Case will print the prior cases on the form in reverse chronological order, and if there are more
than two prior filings, Best Case will enter “See Attachment” in the prior bankruptcies section of the form and
generate an attachment detailing the additional prior filings.
To add a pending bankruptcy to the form click the Insert button below the list of pending cases and fill in the
appropriate information. Do this for each pending bankruptcy you wish to list on the Voluntary Petition. If there is
more than one pending bankruptcy, Best Case will print “See Attachment” on the form and generate an attachment
to detail the additional pending bankruptcies.
If there is a pending filing concerning the debtor’s affiliat
e, general partner or partnership in the same district, be
sure to check the box under the pending filings list.
If your computer is connected to the Internet and you want to search PACER to see if the debtor has any prior filings
on record, simply click the U.S. Party/Case Index button. The PACER login page will open in a new browser
window, and the debtor's Social Security Number is copied to your clipboard so that you can quickly paste it in to
the search box when running your query.
Click Next Tab to continue.
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38 Best Case Bankruptcy for Windows
User’s Guide
Statistical/Administrative
The Statistical/Administrative Tab in the Voluntary Petition. There are two auto-calculation options here.
This screen asks for the funds available, estimated number of creditors, assets and liabilities. You can choose your
answers here or have Best Case Bankruptcy calculate these for you.
Usually, you’ll answer the Funds Available
question yourself then use the Calculate automatically check box at the bottom of the screen for the estimated
number of creditors, assets and liabilities, as shown here. Answers on this screen will be updated as you add
information to the Schedules.
Note that:
1.
There are two separate “Calculate” check
boxes: one to the right of the Funds Available section which calculates
just the funds available question and one at the bottom of the screen which calculates the estimated assets,
liabilities, and number of creditors. You can turn on both of these, either one of these, or neither of them.
Neither of these boxes affects any of the other calculations Best Case makes.
2. When you have Best Case calculate these answers automatically, the answers are updated as you add
information in the property and creditor schedules. If you do use calculate automatically for either or both of
these sections, make sure you have entered all property and creditor information in Schedules A-F before
printing the Voluntary Petition.
3. If you are preparing an emergency fili
ng, and won’t be filing the Schedules with the Voluntary Petition, you’ll
want to turn the auto-calculation features in this screen off and answer these questions yourself.
Funds Available
You can use the mouse to click on the appropriate answer or click
on the box labeled “Calculate Funds
automatically” to have Best Case Bankruptcy answer this question for you based on information you enter for the
schedules.
How Best Case Calculates Funds Question Automatically: If you choose to have Best
Case Bankrup
tcy calculate the funds available question, the program takes all of the debtor’s
assets from Schedules A and B and subtracts all exempt property (from Schedule C), all
priority claims (from Schedule E) and all secured claims (from Schedule D). If the amount left
is greater than 0, Best Case Bankruptcy checks the box that indicates that funds will be
available for unsecured (Schedule F) creditors. If the amount left is less than or equal to 0, it
checks the box which indicates that no funds will be available. Since there may be special
circumstances that make this calculation less straightforward than our formula above
indicates, you have the option of choosing the answer here yourself by removing the
checkmark from the calculate automatically button and clicking on your answer.
49
Chapter 3
Working With Forms and Schedules 39
Estimated Assets, Liabilities and Number of Creditors
You can either click on your choices for these answers or click in the box labeled “Calculate Estimated Creditors,
Assets and Liabilities automatically” to have Best Case Bankruptc
y calculate them based on information you enter
for the property and creditor schedules.
When you have finished entering information for the Voluntary Petition, click the OK button or press
R
. If you have
left vital information blank for this form, an error message will appear. When you exit, you will be returned to the
Forms and Schedules Menu. You’ll notice that the form icon to the left of the Voluntary Petition now looks like it is
filled in.
Editing the Voluntary Petition
For added flexibility, the Voluntary Petition can be opened and edited in the Best Case Editor feature. You might
want to edit the Voluntary Petition if you have numerous other names to list or pe
nding bankruptcies and don’
t want
to create an attachment. Attachments are described on page 198.
To edit the document in the Best Case Editor, please see The Best Case Editor on page 202.
We do not recommend merging this form into Word or WordPerfect using the merge feature. Although it is
possible, merging will produce an older version of the form which does not contain the latest changes.
§ 522 Exemption Analyzer
The 522 Exemption Analyzer examines information you enter about a debtor's domicile and homestead purchase
history and helps you to determine which state's exemptions the debtor should use and whether or not he is eligible
for the full homestead exemption.
NOTE: The results of the analyses Best Case performs and the exemption statutes recommended
are only suggestions. Exemption laws can be complex, subject to interpretation or restricted to
certain cases. It is the responsibility of the attorney representing the debtor to select which
exemption statutes to use and to ensure that all laws are complied with and that statutes are
applied correctly and are up to date. The fact that we recommend a state's exemptions or make
suggestions regarding how the homestead exemption limit applies to a debtor are NOT
SUBSTITUTES FOR LEGAL KNOWLEDGE. Best Case Bankruptcy does not know how to
practice law; it is a form preparation tool.
Using the Exemption Analyzer
To perform an exemption analysis:
1 Open a client file to the Forms and Schedules Menu, and then open Form 1. Voluntary Petition to the Filing
Information tab.
2 Click the Exm 522 Analysis button in the exemption election section of the screen.
3 In the fields provided enter the state abbreviations and move in dates for the debtor's domicile history
starting with the most recent date and proceeding in reverse chronological order.
4 If applicable, enter the state abbreviations and acquisition dates of the debtor's homestead history. Again,
be sure to start with the most recent dates first and proceed in reverse chronological order. (If the debtor's
current homestead is a family farm or if he is a tenant in entirety, be sure to check the appropriate box.)
5 Case Filing Date: When calculating the length of time a debtor has been domiciled in his current state, or
how long it has been since the debtor made his last homestead acquisition, the date Best Case uses for
comparison is the Case Filing Date. By default, the case filing date is the current date. If you want to
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40 Best Case Bankruptcy for Windows
User’s Guide
change this date, you can do so by clicking the up or down arrows next to the date field or by simply typing
a new date in the Case Filing Date field.
6 When you have finished entering the information, click the Analyze button. The results of the 522
Exemption Analysis are displayed in the text box at the bottom of the Analysis Parameters tab where you
entered the debtor's information. To see the results in a larger screen, click the Analysis tab.
7 Click the OK button to save your changes and exit the 522 Exemption Analyzer.
What the Analysis Results Mean
Choosing a State for Exemptions:
If the debtor meets the 730 day requirement, the Analyzer recommends choosing the exemptions for the
debtor's current state of domicile.
If the debtor does not meet the 730 day requirement, the Analyzer looks at the debtor's domicile history for
the 180 days prior to the 730 day period and recommends a state based on the dates entered.
Analyzing the Homestead Exemption Limit:
The debtor is eligible for the entire state homestead exemption if he has owned the homestead for over 3.3
years, or if he purchased the homestead with money using the interest transferred from another property in
the same state that was purchased prior to the beginning of the 3.3 year period.
If the debtor's homestead purchase record does not meet either of the above requirements, the new Code
places a $125,000 cap on the debtor's homestead exemption limit.
NOTE: The property may be exempt from the Homestead exemption limit if it is: (1) the principal
residence of a family farmer; (2) Or a property in which the debtor is a Tenant by Entirety. For
more information, see New Homestead Exemption Rules Under the Bankruptcy Reform Act of
2005 (§ 522(o) (p) (q)).
Exhibit “A” to Voluntary Petition
Exhibit “A” will only appear in the Forms and Schedules Menu if
this is a corporation or partnership and you
checked the option “Exhibit ‘A’ is attached and made a part of this petition” in the Business Info tab in the
Voluntary Petition.
The data entry screen for Exhibit A closely matches the questions asked on the printed form.
Exhibit “A” to Voluntary Petition: Financial Data Tab
If any of the company’s securities are
registered under section 12 of the Securities
Exchange Act of 1934, enter the SEC file
number here.
The financial data reflects the
debtor’s condition on this date.
Dollar fields are
formatted for you.
Documents you may be interested
Documents you may be interested
