Form 8
(Added Aug. 1, 1991; amended Mar. 14, 1995; Oct. 1, 1997; Dec. 1, 2003; Oct. 17, 2005.)
Notes of Advisory Committee on Rules-1991
This form is derived from former Official Form No. 8A. Rule 1007(b)(2) requires the debtor to serve a copy of this statement on the trustee and all creditors named in the statement. In a joint case, if the property and debts of both debtors are the same, the form may be adapted for joint use. If joint debtors have separate debts, however, each debtor must use a separate form.
Notes of Advisory Committee on Rules-1995 Amendment
This form is a "document for filing" that may be prepared by a "bankruptcy petition preparer" as defined in 11 U.S.C. §110, which was added to the Code by the Bankruptcy Reform Act of 1994; accordingly, a signature line for such preparer is added. In addition to signing, a bankruptcy petition preparer is required by section 110 to disclose the information requested.
Notes of Advisory Committee on Rules-1997 Amendment
The form is amended to conform more closely to the language of the Bankruptcy Code. The amendments also make clear that the form is not intended to take a position regarding whether the options stated on the form are the only choices available to the debtor. Compare Lowry Federal Credit Union v. West, 882 F.2d 1543 (10th Cir. 1989), with In re Taylor, 3 F.3d 1512 (11th Cir. 1993).
Committee Notes on Rules-2003 Amendment
Pursuant to §110(c) of the Bankruptcy Code, the certification by a non-attorney bankruptcy petition preparer requires a petition preparer to provide the full social security number of the individual who actually prepares the document.
Committee Notes on Rules-2005 Amendment
The form is amended to conform to §521(a)(6), which was added to the Code by the Bankruptcy Abuse Prevention and Consumer Protection Act of 2005,