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Public Notice Regarding CARES Act Amendments and Changes to Official Forms

Wednesday, April 8, 2020

On March 27, Congress passed, and the President signed into law the Coronavirus Aid, Relief, and Economic Security Act (“CARES Act”). Section 1113 of that legislation made several changes to the Bankruptcy Code, most of them temporary, to provide financial assistance during the coronavirus crisis.

The enactment of the CARES Act requires one-year amendments to five official forms to account for a new definition of “debtor” applicable to subchapter V of chapter 11 and a new exclusion from the definitions of “current monthly income” and “disposable income.” Because the Act took effect immediately upon enactment and its bankruptcy provisions are of limited duration, the Advisory Committee on Bankruptcy Rules has exercised the authority delegated to it by the Judicial Conference to make conforming technical changes to five bankruptcy forms (Official Forms 101, 122A-1, 122B, 122C-1, and 201).

Please note:  the new forms are still located on the “Pending Changes in the Bankruptcy Forms” page on the United States Courts website. They will be moved to the main Bankruptcy Forms page shortly, as fillable PDFs.  When that occurs, the link to Official Forms on the Court’s website will be to the amended forms below.

•    Official Form 101, Committee Note
•    Official Form 201, Committee Note

Official Forms 122A-1, 122B, 122C-1, Committee Note for 122 Forms

Joseph E. Bulgarella
Clerk of Court