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Permitted Changes to Official Bankruptcy Forms

General Information

Bankruptcy Rule 9009 governs the use of forms in bankruptcy cases and proceedings. The rule provides for two types of forms:

Official Bankruptcy Forms which are designated by three numbers and must be approved by the Judicial Conference of the United States Courts; and
Director’s Bankruptcy Forms which are designated by four numbers and are issued by the Director of the Administrative Office of the United States Courts.

The use of Official Bankruptcy Forms is required with certain exceptions, and the ability to modify Official Forms is limited. As stated in the rule (effective December 1, 2017):

The Official Forms prescribed by the Judicial Conference of the United States shall be used without alteration, except as otherwise provided in these rules, in a particular Official Form, or in the national instructions for a particular Official Form.

Table 1 describes alterations that are permitted to certain Official Forms by the National Instructions for the form.

Table 2 describes alterations that are permitted to certain Official Forms by a Bankruptcy Rule.

In addition, some Official Forms indicate on their face that specified types of alterations may be made to them.

In contrast to Official Bankruptcy Forms, the use of Director’s Bankruptcy Forms is permissive. Director’s Forms have been created by the Administrative Office of the United States Courts for the benefit of bankruptcy case participants and may be modified to fit the needs of the user. Local Courts sometimes require the use of particular Director’s Forms, however, and limit modifications to such forms, or base their local forms on Director’s Forms. So users should check the rules and forms section of the website where the case is filed to ensure that use of particular Director’s Forms is permitted in that court.

Find current copies of all bankruptcy forms.

TABLE 1 – Alterations Permitted by National Instructions
Official Form	Alteration Permitted by National Instructions
103A (Application for Individuals to Pay the Filing Fee in Installments), Instructions (pdf)	“This form includes a proposed order for use by the court in considering the application. The court may modify the form of the order or use its own version of the order.”
103B (Application to Have the Chapter 7 Filing Fee Waived), Instructions (pdf)	“This form includes a proposed order for use by the court in considering the application. The court may modify the form of the order or use its own version of the order.”
309A-I (Case Noticing Forms), Instructions (pdf)	“Courts, or, in the event that the noticing function has been delegated, the individual or entity providing notice, may modify this form by adding additional information.”
312 (Order and Notice for Hearing on Disclosure Statement), Instructions (pdf)	“Alterations may be made to this form.”
313 (Order Approving Disclosure Statement), Instructions (pdf)	“Alterations may be made to this form.”
314 (Ballot for Accepting or Rejecting Plan), Instructions (pdf)	“Alterations may be made to this form.”
315 (Order Confirming Plan), Instructions (pdf)	“Alterations may be made to this form.”
318 (Discharge of Debtor – Chapter 7), Instructions (pdf)	“Alterations may be made to this form.”
420A (Notice of Motion or Objection), Instructions (pdf)	“Alterations may be made to this form in accordance with local court rules.”

TABLE 2 – Alterations Permitted by Bankruptcy Rules
Official Form	Alteration Permitted by Rule
410 (Proof of Claim)	Bankruptcy Rule 3001(a): “A proof of claim shall conform substantially to the appropriate Official Form.”
411A (General Power of Attorney) eff. Dec. 1, 2018	Bankruptcy Rule 9010(c): “[t]he authority of any agent, attorney in fact, or proxy to represent a creditor for any purpose … shall be evidenced by a power of attorney conforming substantially to the appropriate Official Form.”
411B (Special Power of Attorney) eff. Dec. 1, 2018	Bankruptcy Rule 9010(c): “[t]he authority of any agent, attorney in fact, or proxy to represent a creditor for any purpose … shall be evidenced by a power of attorney conforming substantially to the appropriate Official Form.”
416D (Caption for Use in Adversary Proceeding other than for a Complaint Filed by a Debtor)	Bankruptcy Rule 7010: “Rule 10 F.R.Civ.P. applies in adversary proceedings, except that the caption of each pleading in such a proceeding shall conform substantially to the appropriate Official Form.”
417A (Notice of Appeal and Statement of Election)	Bankruptcy Rule 8003(a)(3): “The notice of appeal must:(A) conform substantially to the appropriate Official Form...” Bankruptcy Rule 8005(a)(1): “FILING OF A STATEMENT OF ELECTION. To elect to have an appeal heard by the district court, a party must: (1) file a statement of election that conforms substantially to the appropriate Official Form; … .”
417C (Certificate of Compliance with Type-Volume Limit, Typeface Requirements, and Type-Style Requirements)	Bankruptcy Rule 8015(a)(7)(C)(ii): “The certification requirement is satisfied by a certificate of compliance that conforms substantially to the appropriate Official Form.”
420B (Notice of Objection to Claim)	Rule 3007. Objections to Claims (a)(1): “An objection to the allowance of a claim and a notice of objection that substantially conforms to the appropriate Official Form shall be filed and served at least 30 days before any scheduled hearing on the objection or any deadline for the claimant to request a hearing.”
425A (Plan of Reorganization for Small Business under Chapter 11)	Bankruptcy Rule 3016(d): “Standard Form Small Business Disclosure Statement and Plan. In a small business case, the court may approve a disclosure statement and may confirm a plan that conform substantially to the appropriate Official Forms or other standard forms approved by the court..."
425B (Disclosure Statement for Small Business under Chapter 11)	Bankruptcy Rule 3016(d): “Standard Form Small Business Disclosure Statement and Plan. In a small business case, the court may approve a disclosure statement and may confirm a plan that conform substantially to the appropriate Official Forms or other standard forms approved by the court...”