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Official form 119, Bankruptcy Petition Preparer’s Notice, Declaration and Signature

Official form 119, Bankruptcy Petition Preparer’s Notice, Declaration and Signature

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COMMITTEE NOTE

Official Form 119, Bankruptcy Petition Preparer’s Notice, Declaration, and Signature, applies only in cases of individual debtors. It is revised as part of the Forms Modernization Project, making it easier to read and, as a result, likely to generate more complete and accurate responses. In addition, the form is renumbered, and stylistic changes are made throughout the form. 

The form is derived from former Official Form 19, Declaration and Signature of Non-Attorney Bankruptcy Petition Preparer. An instruction is added to the form that provides statutory citations. Filers are advised that if more than one bankruptcy petition preparer helped with the documents, each must sign the form. 

Part 1, Notice to Debtor, is moved to the beginning of the form and revised. An instruction is added that bankruptcy petition preparers must give the debtor a copy of the form and have the debtor sign it before they prepare any documents for filing or accept compensation, and that the form must be filed with any document prepared. It warns the debtor that bankruptcy petition preparers are not attorneys and may not practice law or give legal advice, with a list of examples of advice that may not be provided by a bankruptcy petition preparer. The signature line of this part includes a statement that the debtor acknowledges receipt of the notice.

Part 2, Declaration and Signature of the Bankruptcy Petition Preparer, revises the declaration by the bankruptcy petition preparer to include an officer, principal, responsible person, or partner of a bankruptcy petition preparer. The bankruptcy petition preparer must provide a firm name, if applicable, as well as a contact phone, and must indicate which documents the bankruptcy petition preparer prepared from a list of documents. An “other” option is provided for any additional documents. The signature line includes spaces for the bankruptcy petition B 119 (Official Form 119) (Committee Note) (12/15) preparer to enter a social security number, and language regarding an officer, principal, responsible person, or partner of the bankruptcy petition preparer. 

 

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