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Instructions For Bankruptcy Form 106 A/B, Schedule A/B: Property (individuals)

Instructions For Bankruptcy Form 106 A/B, Schedule A/B: Property (individuals)

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Official Instructions:
Schedule A/B: Property
(Official Form 106A/B)  

Schedule A/B: Property (Official Form 106A/B) lists property interests that are involved in a bankruptcy case. All individuals filing for bankruptcy must list everything they own or have a legal or equitable interest in. Legal or equitable interest is a broad term and includes all kinds of property interests in both tangible and intangible property, whether or not anyone else has an interest in that property.   

The information in this form is grouped by category and includes several examples for many items. Note that those examples are meant to give you an idea of what to include in the categories. They are not intended to be complete lists of everything within that category. Make sure you list everything you own or have an interest in.   

You must verify under penalty of perjury that the information you provide is complete and accurate. Making a false statement, concealing property, or obtaining money or property by fraud in connection with a bankruptcy case can result in fines up to $250,000, or imprisonment for up to 20 years, or both. 18 U.S.C. §§ 152, 1341, 1519, and 3571.   

Understand the terms used in this form   

Community property — Type of property ownership available in certain states for property owned by spouses and, in some instances, legal equivalents of spouses. Community property states and territories include Arizona, California, Idaho, Louisiana, Nevada, New Mexico, Puerto Rico, Texas, Washington, and Wisconsin.

Current value— In this form, report the current value of the property that you own in each category. Current value is sometimes called fair market value and, for this form, is the fair market value as of the date of the filing of the petition. Current value is how much the property is worth, which may be more or less than when you purchased the property. Property you own includes property you have purchased, even if you owe money on it, such as a home with a mortgage or an automobile with a lien.  

Report the current value of the portion you own   

For each question, report the current value of the portion of the property that you own. To do this, you would usually determine the current value of the entire property and the percentage of the property that you own. Multiply the current value of the property by the percentage that you own. Report the result where the form asks for Current value of the portion you own. For example:   

If you own a house by yourself, you own 100% of that house. Report the entire current value of the house.   

If you and a sister own the house equally, report 50% of the value of the house (or half of the value of the house).   

In certain categories, current value may be difficult to figure out. When you cannot find the value from a reputable source (such as a pricing guide for your car), estimate the value and be prepared to explain how you determined it.

List items once on this form

List items only once on this form; do not list them in more than one category. List all real estate in Part 1 and other property in the other parts of the form.   

Where you list similar items of minimal value (such as clothing), add the value of the items and report a total.  

Be specific when you describe each item. If you have an item that you think could fit into more than one category, select the most suitable category and list the item there.  

Separately describe and list individual items worth more than $500.   

Match the values to the other schedules  

Make sure that the values you report on this form match the values you report on Schedule D: Creditors Who Have Claims Secured by Your Property (Official Form 106D) and Schedule C: The Property You Claim as Exempt (Official Form 106C).

COMMITTEE NOTE (Congressional Committee note from the folks who wrote the law)

The schedules to be used in cases of individual debtors are revised as part of the Forms Modernization Project, making them easier to read and, as a result, likely to generate more complete and accurate responses. The goals of the Forms Modernization Project include improving the interface between technology and the forms so as to increase efficiency and reduce the need to produce the same information in multiple formats. Therefore, many of the open-ended questions and multiple-part instructions have been replaced with more specific questions. The individual debtor schedules are also renumbered, starting with the number 106 and followed by the letter or name of the schedule to distinguish them from the versions to be used in non-individual cases. 

Official Form 106A/B, Schedule A/B: Property, consolidates information about an individual debtor’s real and personal property into a single form. It replaces Official Form 6A, Real Property, and Official Form 6B, Personal Property, in cases of individual debtors. In addition to specific questions about the assets, the form also includes open text fields for providing additional information regarding particular assets when appropriate. 

The layout and categories of property on Official Form 106A/B have changed. Instead of dividing property interests into two categories (real or personal property), the new form uses seven categories likely to be more familiar to non-lawyers: real estate, vehicles, personal household items, financial assets, business-related property, farm- and commercial fishing-related property, and a catch-all category for property that was not listed elsewhere in the form. The new form categories and the examples provided in many of the categories are designed to prompt debtors to be thorough and list all of their interests in property. The debtor may describe generally items of minimal value (such as children’s clothes) by adding the value of the items and reporting the total. 

Although a particular item of property may fit into more than one category, the instructions for the form explain that it should be listed only once. 

In addition, because property that falls within a particular category may not be specifically elicited by the particular line items on the form, the debtor is asked in Parts 3–6 (lines 14, 35, 44, and 51) to specifically identify and value any other property in the category.

In Part 1, Describe Each Residence, Building, Land, or Other Real Estate You Own or Have an Interest In, the debtor is asked to state the “current value of the portion you own,” and to also state who has an interest in the property. In addition, the debtor is asked for the nature of the ownership interest, if known by the debtor. Furthermore, instead of asking for an open-ended description of the property, the form guides the debtor in answering the description question by providing eight options from which to choose: single-family home, duplex or multi-unit building, condominium or cooperative, manufactured or mobile home, land, investment property, timeshare, and other. 

Part 2, Describe Your Vehicles, also guides the debtor in answering the question, asking for the make, model, year, and mileage of the car or other vehicle. Because mileage is just a general indication of vehicle value, the debtor is not required to list the exact mileage, but instead is prompted to provide the approximate mileage.

Part 3, Describe Your Personal and Household Items, simplifies wording, updates categories, and uses more common terms. For example, “Wearing apparel” is changed to “Clothes” and examples include furs, which were previously grouped with jewelry. Firearms, on the other hand, which were previously grouped with sports and other hobbies, are now set out as a separate category. Additionally, because a new Part 6 has been added to separately describe-farm related property, Part 3 includes a category for “Non-farm animals.” 

Part 4, Describe Your Financial Assets, prompts a listing of the debtor’s financial assets through several questions providing separate space, after each listed type of account or deposit, for the institution or issuer name and the value of the debtor’s interest in the asset. Two new categories of financial assets are added: “Bonds, mutual funds, or publicly traded stocks” and “Claims against third parties, whether or not you have filed a lawsuit or made a demand for payment.” In addition, qualified ABLE accounts, as defined in 26 U.S.C. § 529A(b), are added to the list of accounts in question 24. This change is made in response to the Tax Increase Prevention Act of 2014, Pub. Law No. 113-295, which excludes ABLE account contributions meeting the specified requirements from property of the estate.

Part 5, Describe Any Business-Related Property You Own or Have an Interest In, provides prompts for listing business-related property, such as accounts receivable, inventory, and machinery, and includes a direction to list business-related real estate in Part 1, to avoid listing real estate twice.

Part 6, Describe Any Farm- and Commercial Fishing-Related Property You Own or Have an Interest In, provides prompts for listing farm- or commercial fishingrelated property, such as farm animals, crops, and feed. It also includes a direction to list any farm- or commercial fishing-related real estate in Part 1. 

Part 7, Describe All Property You Own or Have an Interest in That You Did Not List Above, is a catch-all provision that allows the debtor to report property that is difficult to categorize.

Part 8, List the Totals of Each Part of this Form¸ tabulates the total value of the debtor’s interest in the listed property. The tabulation includes two subtotals, one for real estate, which corresponds to the real property total that was reported on former Official Form 6A. The second subtotal is of Parts 2-7, which corresponds to the personal property total that was reported on former Official Form 6B.

 

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