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112 Best Case Bankruptcy for Windows
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4. You are asked to select the A: drive, B: drive (if you have a B: drive), or Other Drive (which you will select if
you want the file to be created on your hard drive or network drive.) Click on the appropriate drive. If you have
the duplicate checking option set to Display and Ask, you will be asked what to do with each duplicate.
5. When the file has been created successfully, you will get a message which tells you the file name and location
and the number of addresses in the file. (Some courts want to know this number so that they can verify that they
have read the disk properly.) The file will be given the name that you specified in the Setup Menu in the Matrix
section of your jurisdiction options. The default file name is “creditor.scn”
which is the name most courts
require.
6. Click OK
to acknowledge the message, then take the disk out and label it with the client’s name, attorney’s
name and phone number, the number of creditors on the disk, and any other information your court wants on the
disk.
View/edit matrix text file
If you created the matrix through the ECF Wizard, you can view it through the ECF Manager window. Otherwise,
you can pull it up in your Notepad, (in the Accessories folder in Windows), WordPad (also in the Accessories
folder), or in your word processor.
To view the file:
1. Start Notepad or WordPad or your word processor. (Access your WordPad by clicking
Start/Programs/Accessories/ WordPad.) Click File, Open.
2. At the Ope
n File dialog box, change to the drive that contains the file. Change the file type to “All Files (*.*)”
or “All Documents (*.*).”
3. Double-
click on the name of the matrix file, usually “creditor.scn.”
If you make any changes, make sure you
save it as a text file and not as a Word or WordPerfect file.
Amended Matrix: Using our amended feature, you can create a matrix of just the amended
creditors. See Amending a Form or Petition on page 197.
Troubleshooting problems with the matrix on disk
If you submit a matrix on disk to the court and the court tells you that they can’t read your disk, try creating a matrix
with a new diskette and be sure you are using the correct procedure. Often, users copy a client file to disk (with the
tps extension) from the Client List Window, which does not create a file the court can read. Use the procedure above
instead.
Also, be sure you are giving the file the correct name with the correct extension (usually .scn or .txt). If you are still
having problems, it is possible that your disk drive is out of alignment. If your drive is out of alignment, you may be
able to create a matrix on disk, and you may even be able to view the matrix on disk on your machine, but other
computers will not be able to read from disks created by your computer. You can test this by trying to view a matrix
on disk created by your computer on another computer in the office. If you can’t read from the disk, your drive is
out of alignment. Solution: try creating the matrix from a different machine until you can have a service person fix
your disk drive.
Numbered List of Creditors
The Numbered List of Creditors is a report of all creditors in a case. (This does not replace the matrix, but may be
required in addition to the matrix in some areas and may be useful for reference in your office as you prepare a
case.) For each creditor, the following information appears: the name and address of the creditor, the type of claim
(unsecured, priority or secured, and if applicable, unliquidated, disputed, or contingent), and the amount of the
claim. A signature page is also included.
45
Chapter 3
Working With Forms and Schedules 113
To print the numbered list of creditors:
1. From the Forms and Schedules Menu, double-click on Creditor Address Matrix.
Print the Numbered List of Creditors from the Creditor Address Matrix screen
2. A button in the bottom left-
hand corner is labeled “Print
N
umbered Listing of Creditors.” C
lick on the button.
3. The Print Documents Dialog Box appears. The options in this window are described in Printing Options on
page 189. Click Print to send the document to your printer.
Corporate Ownership Statement (Rule 7007.1)
The Corporate Ownership Statement appears in the Forms and Schedules Menu for all corporate cases. This form
asks for a list of non-governmental corporations which hold at least 10% equity in the debtor corporation.
If there are no corporations to report, you won’t need to do anything: Best Case will automatically check the None
box for you.
Data for this form is taken from the List of Equity Security Holders. To add corporations to this form:
For Chapter 11 cases
, as you enter information for the List of Equity Security Holders, you’ll notice a check box at
the bottom of the entry window to add the corporation to the Corporate Ownership Statement. Once this box is
checked for each corporation required on the Corporate Ownership Statement, there is no additional information to
enter for this form.
For corporate cases filed under another chapter, the List of Equity Security Holders is generally not required. When
you double-click on the Corporate Ownership Statement,
you’ll get an entry screen for the List of Equity Security
Holders where you can input names and addresses. You can ignore the fields on the right (security class, number of
securities, kind of interest), as this information won’t be listed anywhere. For each entry you add, be sure to check
the box at the bottom to add the entity to the Corporate Ownership Statement.
Form 21. Statement of Social Security Number
This form was added by the Judicial Conference of the Administrative Office of the U.S. Courts in December, 2003,
when forms were changed to comply with new rules conce
rning the debtor’s privacy. As of December 1, 2003, the
debtor’s social security number is to be redacted on the Voluntary Petition, with only the last four digits
appearing
on the form. Since creditors and trustees may need the
debtor’s
social security number in order to process
information, Form 21 was added which lists the social security number, and the courts are required to keep this
document separate from the rest of the file, so that the social security number is accessible only to those with an
interest in the case but not to the public.
Click here to print
the numbered list of
creditors.
VB.NET PDF - Annotate PDF with WPF PDF Viewer for VB.NET Text box. Click to add a text box to specific location on PDF page. Line color and fill can be set in properties. Copyright © <2000-2016> by <RasterEdge.com>.
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114 Best Case Bankruptcy for Windows
User’s Guide
There is no information for you to fill in for this form. The debtor’s and joint debtor’
s names, address(es), social
security numbers, and tax ids for business debtors will be inserted into the form based on information you typed in
the Voluntary Petition screen. When completing the Voluntary Petition, you will input the full social security
number and Best Case will redact it on the Voluntary Petition.
Also see Privacy Tab on page 190.
Form 22. Statement of Current Monthly Income & Means Test Calculation/
Calculation of Commitment Period & Disposable Income
The Means Test, the concept of “Current Monthly Income”, and the applicable forms (22A, B,
and C), are
components of the bankruptcy process introduced under the Bankruptcy Abuse Prevention and Consumer Protection
Act of 2005. Best Case® Bankruptcy includes a Means Test Calculator that looks up applicable IRS expense
allowances and Census Bureau income numbers for you, performs Means Test calculations, and helps you to
complete the required forms.
Depending on the Chapter of Filing, information from the Means Test Calculator gets plugged in to one of three
forms:
Form 22A. Statement of Current Monthly Income/Means Test for Chapter 7 filings;
Form 22B. Statement of Current Monthly Income for Chapter 11 filings;
Form 22C. Current Monthly Income/Disposable Income for Chapter 13 filings.
For more information on using the Means Test Calculator, see Means Test Quick Start on page 130 or, if you are not
yet familiar with the Means Test, see Applying the Means Test/ Calculating Commitment Period & Disposable
Income on page 133.
Supplemental Forms
The Supplemental Forms folders appears at the bottom of your Forms and Schedules Menu and contains forms that
are not filed with every case and are not district-specific. A few important things to note about these forms are:
When you mark all forms to print, forms in the Supplemental Forms folder will not be marked. If
you want to print a supplemental form with the other forms, mark all forms to print then mark the
supplemental form, then click the Print button. (See Printing Forms on page 187.)
If there is a supplemental form that you always want to print with the rest of the forms, you can
move it into the main Forms and Schedules Menu. See Jurisdiction Forms List on page 299 for
instructions.
Documents noted as QuickForms
(with Q’s next to them on screen)
are simple forms which, when you click on
them, appear in the Best Case Editor for you to add text. Formatting options in the Editor are described in Editing
RTF documents and QuickForms in the Best Case Editor on page 203.
The following documents are included in the Supplemental Forms folders.
Form 23 Certification Concerning Financial Management
Form 25A Plan of Reorganization in Small Business Case (Chapter 11)
Form 25B Disclosure Statement in Small Business Case (Chapter 11)
Form 25C Small Business Monthly Operating Report (Chapter 11)
Form 26 Periodic Report
Form 27 Reaffirmation Agreement Cover Sheet
Form 240A Reaffirmation Documents, Form 240B Motion for Approval of Reaffirmation Agreement,
Form 240C Order on Reaffirmation Agreement, and Form 240AB ALT Reaffirmation Agreement
99
Chapter 3
Working With Forms and Schedules 115
Form 283 Chapter 13 Debtor’s Certifications Regarding Domestic Support Obligations
& Section 522
527(a) Disclosure Statement
527(b) Disclosure Statement
Adversary Proceeding Cover Sheet (See page 115)
Amended Schedules Signature Declaration (Generic)
Amendment Cover Sheet (Generic)
Application/Order for Fees (Generic)
Business Income and Expenses (See page 118.)
Caption (Generic)
–
a blank document for you to create motions for electronic filing
Certificate of Service (Generic)
Checklist of Forms to File
Creditor Letter - Notice of Filing/Automatic Stay
Declaration of Compliance with Rule 9009 (Generic)
Designation of Agent
Discharge of Debtor
Household Goods Sheet (Generic)
How Credit Reports Can Help in Bankruptcy (to give to client)
Motion for Exemption from Credit Counseling Requirement
Motion to Amend Bankruptcy Petition (Generic)
Motion to Convert Case from Chapter 7 to Chapter 13 (Generic) (Not with Chapter 7-Only package)
Motion to Convert Case from Chapter 13 to Chapter 7 (Generic)
Non-Attorney Compensation Statement
Non-Attorney Preparer Declaration Form 19A
Non-Attorney Preparer Notice to Debtor Form 19B
Notice of Change of Address (Generic)
Notice of Motion OR Objection (Generic)
Notice of Motion (Generic)
Order to Convert Case from Chapter 7 to Chapter 13 (Generic) (Not with Chapter 7-Only package)
Order to Convert Case from Chapter 13 to Chapter 7 (Generic)
Proof of Authority to Sign and File Petition/Corporate Resolution
Proof of Claim
Proof of Service by Mail (Generic)
Reaffirmation Agreement
Redemption of Property Agreement
Statement of Information Required by 11 U.S.C. § 341
Statement of Qualifications Under Section 109(c)
Suggestion of Bankruptcy
Supplemental Schedule for Property Acquired after Discharge (Generic)
Client Questionnaire
–
Non-Business Debtor
Client Questionnaire
–
Business Debtor
Form 23 Certification Concerning Financial Management
This form is a statement by the debtor that he has completed his instructional course in personal financial
management. The form includes the date that the debtor completed his course and the name of the approved
personal financial management instruction provider who taught the course. If the debtor has not completed the
course the form details the reason the debtor did not complete it.
The form includes one data entry screen which collects all of the appropriate information.
For added flexibility, you can edit this form through the Best Case Editor. See page 202 for more information.
Note: Form 23 is specifically intended to be filed as a post-petition document. It is not the same as the
Certificate of Credit Counseling the debtor files with the initial petition.
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56
116 Best Case Bankruptcy for Windows
User’s Guide
Form 25A Plan of Reorganization in Small Business Case
This Chapter 11 small business form opens in the Best Case Editor, which allows you to enter any necessary
information.
Form 25B Disclosure Statement in Small Business Case
This Chapter 11 small business form opens in the Best Case Editor, which allows you to enter any necessary
information.
Form 25C Small Business Monthly Operating Report
This Chapter 11 small business form opens in the Best Case Editor, which allows you to enter any necessary
information.
Form 26 Periodic Report
This Chapter 11 form opens in the Best Case Editor, which allows you to enter any necessary information.
Form 27 Reaffirmation Agreement Cover Sheet
This form opens in the Best Case Editor, which allows you to enter any necessary information.
Form 240A Reaffirmation Documents, Form240B Motion for Approval of Reaffirmation Agreement,
Form 240C Order on Reaffirmation Agreement, and Form 240AB ALT Reaffirmation Agreement
These forms open in the Best Case Editor, which allows you to enter any necessary information.
Form 283 Chapter 13 Debtor’s Certifications Regarding Domestic Support Obligations and Section
522
This form opens in the Best Case Editor, which allows you to enter any necessary information.
527(a) Disclosure Statement
The 527(a) Disclosure is a generic document which informs the debtor of his responsibility to provide complete
accurate and truthful information, describes some of the information the debtor is required to provide and advises
the debtor that the information he provides may be audited.
The form is intended for the debtor’s general information, so the
re is no information to enter. However, there is a
Form Preference that allows you to include signature lines on the form. (See Form Preferences on page 300 to
change this preference.)
527(b) Disclosure Statement
The Notice of 527(b) Disclosures is a generic document which informs debtors of their right to hire an attorney or a
petition preparer. In addition, the 527(b) Disclosure Statement also gives a brief overview of what must be done in a
routine bankruptcy case so that debtors can evaluate which services they require and whether or not they wish to hire
representation.
The form is intended for the debtor’s general information, so there is no information to enter.
However, there is a
Form Preference that allows you to include signature lines on the form. (See Form Preferences on page 300 to
change this preference.)
Adversary Proceeding Cover Sheet
1. Open a client file. The name of the plaintiff in this form is taken from the name of the debtor in the Voluntary
Petition. If you are filing an adversary proceeding for a creditor or another party,
you’
ll want to create a new
client file where the name
of the debtor is the plaintiff’
s name.
2. In the Forms and Schedules Menu, double click on the Supplemental Forms folder, or use the
b
to get to the
Supplemental forms, then press
R
.
3. Double-click on the Adversary Proceeding Cover Sheet.
Notice that this section of the program allows you to create multiple adversary proceeding cover sheets for each
plaintiff. Each adversary proceeding is listed as a separate line here in the summary list window.
55
Chapter 3
Working With Forms and Schedules 117
4. Click Insert to add an adversary proceeding.
You’
ll notice that the Adversary Proceeding Cover Sheet entry screen is divided into six tabs: Defendant, Attorney,
Cause of Action, Nature/Origin/Demand, Bankruptcy Case, and Related and Fee.
Defendant
Enter the name of the defendant exactly as it appears on the complaint. You can type in a new name and address, or
use your Common Creditor List (click the rotary card file button or press
0
) or your list of creditors scheduled for
this case (click the list button or press
9
). If there are multiple defendants, type the other defendants in the Other
Defendants box.
Attorney
1.
Fill in the name and address of the defendant’s attorney. Again, you can use your Common Creditor List or
your list of scheduled creditors if you like.
2. In the party section at the bottom of the window, be sure to indicate whether the United States is a party named
in the complaint.
Cause of Action
Write a brief statement of the cause of action including all U.S. Statutes involved.
Nature/Origin/Demand
1. Select the nature of the suit from the drop-down list. If you select number 498 Other, you will be able to type an
explanation in the “other” field.
2. Click on your answer for the origin of the proceedings. (Note that there is no #3.)
3. If this is a class action under FRCP 23, put a check in the check box.
4. For the demand, enter the demand in thousands, rounded to the nearest thousand. From the instructions for the
form:
For $1,000, enter “1,” for $10,000 enter “10,” for $100,000 enter “100,” if $1,000,000, enter “1000.” If
$10,000,000 or more, ente
r “9999.” If the amount is less that $1,000, enter “0001.” If no monetary demand is
made, enter “XXXX.”
5. If other relief is sought, type in a brief explanation. If this is a jury demand, check the appropriate box.
Bankruptcy Case
1.
By default, the debtor’s na
me, jurisdiction, and case number are filled in for you from the information in the
Voluntary Petition. If you like, you can override this feature. Just click the override check box then fill in the
debtor’s
information.
2. Type the name of the judge in the Judge Name box.
Related and Fee
1. If there are related proceedings, fill in the information in this tab.
2. In the Filing Fee section, indicate whether the filing fee is attached, not required, or deferred. According to the
instructions for this form: The fee must be paid upon filing unless the plaintiff meets one of the following
exceptions. The fee is not required if the plaintiff is the United States government of the debtor. If the plaintiff is
the trustee or a debtor in possession, and there are no liquid funds in the estate, the filing fee may be deferred
until there are funds in the estate. (In the event no funds are ever recovered for the estate, there will be no fee).
There is no fee for adding a party after the adversary proceeding has been commenced.
Printing the Adversary Proceeding Cover Sheet
You won’t be able to print this form from the Forms and Schedules Menu like other forms. You need to be at the
Adversary Proceeding Summary screen to print this form. If you have just entered information, click OK to save
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118 Best Case Bankruptcy for Windows
User’s Guide
your changes, then click the Print button. The Print Documents dialog box appears. You can make any selections in
the options list then click Print to print.
If the Print button is grayed out, you need to add information first. Click Insert
. You’
ll need to type in a defendant
before saving the record. Type in the defendant then click OK. You can now print.
Note that this form cannot be opened in Word or WordPerfect for editing like most other forms.
Printing a Blank Adversary Proceeding Cover Sheet
If you have already added an Adversary Proceeding Cover Sheet for any of your cases, you can go in the Adversary
Proceeding summary screen from the Supplemental Forms section of the Forms and Schedules Menu and highlight
one of the records. Click the Print button. When the Print Documents dialog box appears, click in the Print Blank
Forms check box, then click Print.
If you haven’t added an adversary proceeding cover sheet, you’ll need to add one before you can print. Select the
defendant name to save the record as described in Printing above, then click OK
to save. (It doesn’t matter what the
defendant name is, since it won’t print when you select the Print Blank Forms option.) Click the
Print button, select
the Print Blank Forms option, and then click Print.
Amended Schedules Signature Declaration
This is a simplified version of Form 6. Declaration Concerning Debtor's Schedules, specifically designed to
accompany amended filings. Before printing users can specify how many pages are included in the Amended
schedules.
The Form includes one form preference: "Ask 'What document(s) are you amending?' each time?" When activated it
allows the user to specify the Schedules being amended as well as the number of pages included in the amendment.
(See Form Preferences on page 300 to change this preference.)
Amendment Cover Sheet
The Amendment Cover Sheet is a generic sheet filed in front of amendments to forms and schedules. The document
contains information about what is being amended and a Notice of Amendments(s) to Affected Parties. This
document is a QuickForm which you will complete in the Best Case Editor.
The Form includes also includes a form preference which allows you to add the debtor(s)
’ signature block to the end
of the form. (See Form Preferences on page 300 for more information on accessing this preference.)
Note: Best Case® also includes several district specific Amendment Cover Sheets, which can be found in
the Local Forms Folder.
Application/ Order for Fees
The Application/ Order for Fees is a generic application for attorney’s fees. It is a QuickForm which opens in the
Best Case Editor, so that you can fill in the necessary information.
By default, an order prints with the Application for Fees. If you want to removes the order, there is a form
preference which allows you to do so. (See Form Preferences on page 300 for more information on changing this
preference.)
Business Income and Expenses
The Business Income and Expenses form is a supplemental form that you might want to file to itemize business
expenses in place of or in addition to Schedules I and J. It appears in the Supplemental Forms folder at the bottom of
the Forms and Schedules Menu.
Double-click on the form to open it. The entry screen is divided into two tabs: Income/Expenses and Details. Type
dollar amounts in the appropriate places in the Income/Expenses tab, without typing the $.
47
Chapter 3
Working With Forms and Schedules 119
Question 20 on the printed form asks for information about payments being made directly to secured creditors for
pre-petition business debts. If there are any of these, click the Details tab then click Insert in the Direct Payments
section. Add a description and the monthly payment amount. You can add as many of these as you need to. If you
don’t have any of these, the word “None” will automatically appear in this section on the printed form.
Question 21 allows you to list other expenses which don’t fall into any of the other categories. To itemize other
expenses, click the Details tab, then click the Other Expenses tab. Click the Insert button and type in a description
and monthly expense amount. Again, you can add as many other expenses as you want to. If you don’t have any
other expenses to list, the word “None” will appear automatically on the printed form.
Adding Signature Line: You can add verification text and a signature line by making a
quick change to the Form Preferences for this form, described in the section Jurisdiction
Forms List on page 298.
Moving to Main Forms List: If you want this form to appear in the Forms and Schedules
Menu for all business debtors, above the Supplemental Forms folder, see Jurisdiction Forms
List on page 298.
For added flexibility, you can edit this form through the Best Case Editor. See page 202 for more information.
Caption (Generic)
The Generic Caption is a blank form to help you create motions for electronic filing. Located in the Supplemental
Forms Folder at the bottom of the Forms and Schedules Menu, this document is a QuickForm which you will
complete in the Best Case Editor.
When you open it, you’ll have the option to include signature lines at the bottom.
We automatically put the standard caption at the top, complete with the debtor’s name.
Certificate of Service
The Certificate of Service contains a statement that a document was served to all parties interested in a case. For
some jurisdictions, there are district-specific versions of this form in the Local Forms folder. The Supplemental
Forms folder contains a generic version of this form that can be opened in the Best Case Editor and modified to fit
district-specific requirements.
When you open the Certificate of Service, you’ll be able to choose the creditors to list on the form through the
Multiple Address Selector. You can choose some or all creditors in a case.
There is a Form Preference that allows you to include addresses of the creditors and to add Trustee, Judge, and
Debtor information as well. (See Form Preferences on page 300 to change this selection.)
To see if a local version of this form is available in your district, consult the list of Local Forms list included in the
Best Case help file or visit www.bestcase.com/localforms.htm.
Checklist of Forms to File
The Checklist of Forms is an official list of all the forms and schedules, plus any necessary additional supporting
documentation that must be filed in a bankruptcy case. A different version of the form appears depending on the
chapter of filing. There is no data entered for the form. It appears in the Supplemental Forms Folder so that it can
be printed out and reviewed before the case is filed.
Creditor Letter - Notice of Filing/ Automatic Stay
The Creditor Letter - Notice of Filing/ Automatic Stay is a generic letter noti
fying creditors of the debtor’s
bankruptcy filing. The letter uses the Multiple Address Selector to facilitate the easy creation of a Notice of Filing
for several creditors at once.
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120 Best Case Bankruptcy for Windows
User’s Guide
Note that the Creditor Letter is specifically designed to be a very generic document. If you want to create a more
detailed letter, or make other changes to its format, a similar letter can be found in the Additional Documents
Library, as described on page 206.
Debtor’s Rebuttal for Presumption of Abuse
This is a generic form that provides an opportunity for the debtor to present a justification for adjusted expenses or
income in order to rebut a presumption of Abuse on Form 22 and entitle the debtor to file a Chapter 7.
Declaration of Compliance with Rule 9009
This is a form not required by most courts, but it may be required by your local bankruptcy court.
It is a simple signature page which states “The undersigned is the attorney for the debtor in this case. The
undersigned declares under penalty of perjury that the Schedules and Forms filed in this case for the debtor were
computer generated using Best Case Bankruptcy and conform with those prescribed by Bankruptcy Rule 9009.”
There is no information to enter for this form. It appears in the Supplemental Forms folder in the Forms and
Schedules Menu so that it may be selected to print.
If you do need to file this form for every case, you might consider adding it to the main Forms and Schedules Menu,
as described in the Jurisdiction Forms List section on page 298.
Designation of Agent
This is a form not required by most courts, but it may be required by your local bankruptcy court. It is a simple
signature page which states that the debtor designates the attorney in the case as the agent to receive service of
process and service of all pleadings in all proceedings.
There is no information to enter for this form. The debtor’s name and attorney are pulled from the Voluntary
Petition.
This form can be found in the Supplemental Forms section of the Forms and Schedules Menu. If you need to file
this form for all cases, you can move it to the main Forms and Schedules Menu as described in Jurisdiction Forms
List on page 298.
For added flexibility, you can edit this form through the Best Case Editor. See page 202 for more information.
Discharge of Debtor
This is a QuickForm in the Supplemental Forms folder ordering that all debts be discharged.
Household Goods Sheet (Generic)
This is a generic form that opens in the Best Case Editor, which allows you to enter any necessary information.
How Credit Reports Can Help in Bankruptcy (to give to client)
This is a form you can print for your clients which explains the benefits of ordering credit reports when filing
bankruptcy. There is no information for you to input for this form, though you can edit it by right-clicking and
choosing Edit Form. For information about our Credit Report Import feature, which allows you to import data from
your consumer clients’ credit reports, see
Credit Report Manager on page 244.
Motion to Amend Bankruptcy Petition (Generic)
The Motion to Amend Bankruptcy Petition is a generic document which allows youth fill in information about the
original filing, the reason the bankruptcy needs to be amended, and the date that the mistake was discovered. It also
includes an Order to sustain the Motion to Amend.
There is a Form Preference that allows you to include the attorney's signature on the document as well. (See Form
Preferences on page 300 to modify this preference.)
Documents you may be interested
Documents you may be interested
