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Official form 106, Declaration About an Individual Debtor’s Schedules

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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 106Dec, Declaration About an Individual Debtor’s Schedules, replaces Official Form 6, Declaration Concerning Debtor’s Schedules, in cases of individual debtors.   

The form, which is to be signed by the debtor and filed with the debtor’s schedules, deletes the Declaration and Signature of Bankruptcy Petition Preparer (BPP). Instead, the debtor is directed to complete and file Official Form 119, Bankruptcy Petition Preparer’s Notice, Declaration, and Signature, if a BPP helped fill out the bankruptcy forms.   

Because the form applies only to individual debtors, it no longer contains the Declaration Under Penalty of Perjury on Behalf of a Corporation or Partnership. It also deletes from the declaration the phrase “to the best of my knowledge, information, and belief” in order to conform to the language of 28 U.S.C. § 1746. See Rule 1008.    

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