Michigan Bankruptcy Forms:

Each court provides official Michigan bankruptcy forms and official instructions. These documents are required in substantially the same format as distributed by the court. Be aware court instructions are not a substitute for legal advice, and that an expansive or restrictive interpretation of defined terms impacts the effect of filing each Michigan bankruptcy proceeding. Contingent, unliquidated, and contractual liability are particularly vulnerable to subjective interpretation.

Uniform Local Bankruptcy Rule 3 provides, in part, "(a) Duties Prior to Filing Petition and Schedules. Prior to filing the petition and schedules, the attorney for the debtor shall personally review them to determine and insure that: (1) The correct form has been used; (2) The petition has been completed and is accurate; (3) All state and federal exemptions available have been properly claimed with the correct statutory citations; (4) All of the debtor's assets and property have been accurately identified; (5) All lien creditors, their security interests and the collateral have been accurately described; (6) The debtor and the debtor's attorney have signed the petition at all appropriate places; and (7) A notice of alternative chapters under which an individual debtor(s) may proceed, has been properly executed by the debtor(s). It is to be filed with the bankruptcy petition in all individual cases. The official local form may be obtained from the clerk. (8) A schedule of current income and current expenditures has been included in the petition and schedules. 11 U.S.C. 521(1). This rule applies in all Michigan bankruptcy cases.

NOTICE OF AMENDED FORMS AND AUTOMATIC ADJUSTMENTS TO DOLLAR AMOUNTS: On April 1, 2004, automatic adjustments to the dollar amounts stated in various provisions of the Code will become effective in Michigan Bankruptcy Courts. The new dollar amounts will apply to cases filed after the effective date. These amended dollar amounts will affect the eligibility of a debtor to file under Chapter 13 of the Code, certain maximum values of property that a debtor may claim as exempt, the maximum amount of certain claims entitled to priority, the minimum aggregate value of claims needed to commence an involuntary petition, and the value of luxury foods and services deemed to be nondischargeable. The Michigan Bankruptcy Courts will adopt new forms to incorporate these changes beginning April 1, 2004.

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