Nolo book says nothing about this... What and when did you file

[Crassius]

On the government website where all the official forms are, The B6 group... your schedules starts with this cover.... which is short instructions...

( well I'm not allowed to post the link...but its the link we all know where the offficial forms can be downloaded)

It says, and I am quoting "The first page of the debtor’s schedules and the first page of any amendments thereto must contain a caption as in Form 16B."

16B is further down the list, and easy to make in Word, but I am surprised Nolo says nothing about it... I made one up, but I am unsure what to put in the space...

[Designation of Character of Paper]

Normally something like Motion to Dismiss etc would go there, but all I have is a bunch of schedules in the 6 group.... So what do I put there...

I can see this captions use in a amendment, motion etc... but in teh initial filing of the schedules?

Am I interpreting the instructions wrong?

Does it not say...

The first page of the debtor’s schedules.....must contain a caption as in Form 16B

[tcreegan]

Hi Crassius,

Many courts have their own way of handling this, go to your BK court website and look under "local rules" While you are there, check the formatting for the creditors matrix, this is court specific and important.

Unless your court requires something else, you use the "short caption" on your schedules. It is already on the forms from the www.uscourts.gov website, you just need to add Eastern District of Virginia (or western) underneath the "US Bankruptcy Court" header.

A couple of the official forms don't have the "US BK Court" and "Dist. of" headers, I suspect you can use them just as they are, but I added in the correct headings as a CYA move. (Likewise the "Chapter 7" line)

Did notice that they are putting in a slick drop-down list of districts on some of the forms.

The "designation of character" is the title of the schedule or form.

Oh, and some courts have their own coversheets for certain forms, something else to check on the "local rules"

Good luck, enjoy killing some trees w/ the paperwork...

Tom in Colo

[free2breathe]

I believe this is what you are referring to. This is a standard caption format.

FORM 16B. CAPTION (SHORT TITLE)
(May be used if 11 U.S.C. § 342(c) is not applicable)
United States Bankruptcy Court

_______________ District Of _______________


In re _________________________, xxxxxxxxxxxxx Case No. _______________________

xxxxxxxxxxxxx Debtor xxxxxxxxxxxxxxxxxxxxx Chapter _______________




[Designation of Character of Paper]

eta: oh yeah, and what Tom said ;)

[Crassius]

Thanks for he replies.....

Up early this Monday to polish off the last of the forms...

I have checked my local rules, and in the section under Filing papers - Requirements of Form, along with the size of the paper etc, it says...

B. Caption, Official Forms: The caption and form of all papers filed shall be in compliance with
the Bankruptcy Rules, Official Forms, and Local Rules. Each paper or set of papers filed, except
the petition, shall bear the case number of the case to which it pertains.

So that is why I am going to comply with the instructions in official form 6b cover sheet... requiring the caption:

GENERAL INSTRUCTIONS: The first page of the debtor’s schedules and the first page of any
amendments thereto must contain a caption as in Form 16B. Subsequent pages should be
identified with the debtor’s name and case number.

From Tom's post I am now reading that to mean a caption page at the beginning of each schedule.... one for schedule I and another one for schedule H, for instance...
for clarity is that how the collective wisdom here is reading that? I had originally thought that meant one caption page before the entire stack of schedules. But if you put one in front of each
schedule, then you have a logical thing to put in "Designation of Character of Paper".

Looking ahead to today's fun task is B7, Statement of Financial Affairs.... looking at its online instructions at the official forms site, it says nothing about a caption, so I will leave it off unless I
hear howls of protest from the gallery.... or should I put it in as a CYA move?

-------------------EDIT--------------------------EDIT-----------------------------------EDIT

I think I get it now....

From Federal Rules of Bankruptcy Procedure

Rule 9004. General Requirements of Form...

When NOT dealing with a paper from the debtor to a creditor... the rule that applies is...

(b) Caption.
Each paper filed shall contain a caption setting forth the name of the court, the title of the case, the bankruptcy docket number, and a brief designation of the character of the paper.

Each of the other forms ( at least the ones I have so done so far has that information at the top, EXCEPT each individual schedule. Each of which is missing the Name of the court, so the headings on teh schedules don't satisfy Rule 9004, and therefor need their own caption.... all that just to add the name of the court....

Can I get a couple of "I agree"s out of the crowd?

__________________________________________________ __________________________________________________ ______________________________

I also read this...

Rule 9005. Harmless Error

Rule 61 F.R.Civ.P. applies in cases under the Code. When appropriate, the court may order the correction of any error or defect or the cure of any omission which does not affect substantial rights.

Which seems to imply if you do something harmless, like don't have things in the exact form required, it doesn't effect any creditors rights, the court should order it corrected, not kick the whole case out.

[tcreegan]

Hi Crassius,

Our court says "or substantial conformity" with the national form. I don't think it is a big deal, haven't heard from anyone having problems w/ captioning.

The one thing that is important though, is the format of the creditors matrix. Your court clerk will use what you hand in to make a mailing list electronically, they sure don't want to do it by hand!

Tom in Colo

ps: in an effort to keep the court clerk happy, I called and asked how they wanted the papers....loose, paperclipped, stapled, hole-punched Our clerk was very grateful and helpful later when they uncovered an error I made. (btw; it was loose w/ the 2 hole at the top hole-punching)

[Crassius]

Thanks Tom,

All papers completed... on my way to the post office now.

[AngelinaCat]

Be sure you have made copies and get it certified with return receipt.....

Good luck