Case Summary:
The Debtors’ bankruptcy schedules were not printed on the Official Forms. While most of the information required by the Official Forms was included, the Debtors’ homemade schedules departed somewhat in substance and substantially in format. The Chapter 7 Trustee moved to strike these schedules as failing to conform to Fed. R. Bankr. P. 1007(b)(1). Counsel for the Debtors objected, arguing the Official Forms do not have the force of law, and his submitted forms complied with Fed. R. Bankr. P. 9009.

The Bankruptcy Court granted the Trustee’s Motion to Strike Schedules in both cases. The Court held that while the Official Forms do not have the force of law, Fed. R. Bankr. P. 9009 requires that Official Forms prescribed by the Judicial Conference of the United States should be observed and used with alterations as may be appropriate. The alterations on the Debtors’ schedules were not appropriate.

Statute/Rule References:
11 U.S.C. § 521
Fed. R. Bankr. P. 1007
Fed. R. Bankr. P. 9009

Key Terms:
Appropriate Alterations
Bankruptcy Schedules
Official Forms