NOTES OF ADVISORY COMMITTEE ON RULES-1991 This form has been transferred from former Official Form No. 1, which included the form of caption for the case. Rule 9004(b) requires a caption to set forth the title of the case. Rule 1005 provides that the title of the case shall include the debtor's name, all other names used by the debtor within six years before the commencement of the case, and the debtor's social security and tax identification numbers. This form of caption is prescribed for use on the petition, the notice of the meeting of creditors, the order of discharge, and the documents relating to a chapter 11 plan. (Official Forms 1, 9, 12, 13, 14, 15, and 18). See Rule 2002(m). In the petition (Official Form 1), and the notice of the meeting of creditors. (Official Form 9), the information required by Rule 1005 appears in a block format. A notation of the chapter of the Bankruptcy Code under which the case is proceeding has been added to the form. NOTES OF ADVISORY COMMITTEE ON RULES-1995 The form is amended to provide for the debtor's address to appear in the caption in furtherance of the duty of the debtor to include this information on every notice given by the debtor. The Bankruptcy Reform Act of 1994 amended section 342 of the Code to add this requirement. Form B16B 12/94 FORM 16B. CAPTION (SHORT TITLE) (May be used if 11 U.S.C. § 342(c) is not applicable) UNITED STATES BANKRUPTCY COURT DISTRICT OF In re Debtor Case No. Chapter [Designation of Character of Paper] (Added Aug. 1, 1991; amended Mar. 14, 1995.) NOTES OF ADVISORY COMMITTEE ON RULES-1991 This form of caption is prescribed for general use in filing papers in a case under the Bankruptcy Code. Rule 9004(b) requires a caption to set forth the title of the case, and Rule 1005 specifies that the title must include all names used by the debtor within six years before the commencement of the case and the debtor's social security and tax identification numbers. This information is necessary in the petition, the notice of the meeting of creditors, the order of discharge, and the documents relating to the plan in a chapter 11 case. See Rule 2002(m) and Official Form 16A. In other notices, motions, applications, and papers filed in a case, however, a short title containing simply the names of the debtor or joint debtors may be used. Additional names, such as any under which the debtor has engaged in business, may be included in the short title as needed. NOTES OF ADVISORY COMMITTEE ON RULES-1995 AMENDMENT The title of this form is amended to specify that it can be used when section 342(c) of the Code, as added by the Bankruptcy Reform Act of 1994, is not applicable. Form B16D 12/94 Form 16D. CAPTION FOR USE IN ADVERSARY PROCEEDING [If used in a Notice of Appeal (see Form 17) or other notice filed and served by a debtor, this caption must be altered to include the debtor's address and Employer's Tax Identification Number(s) or Social Security Number(s) as in Form 16C.] (Added Mar. 14, 1995.) NOTES OF ADVISORY COMMITTEE ON RULES-1995 Form B17 (Official Form 17) FORM 17. NOTICE OF APPEAL UNDER 28 U.S.C. § 158(a) or (b) [Caption as in Form 16A, 16B, or 16D, as appropriate] NOTICE OF APPEAL the plaintiff [or defendant or other party] appeals under 28 U.S.C. § 158(a) or (b) from the judgment, order, or decree of the bankruptcy judge (describe) entered in this adversary day of The names of all parties to the judgment, order, or decree appealed from and the names, addresses, and telephone numbers of their respective attorneys are as follows: Dated: Signed: Attorney for Appellant (or Appellant, if not represented by Attorney Name: Address: Telephone No: If a Bankruptcy Appellate Panel Service is authorized to hear this appeal, each party has a right to have the appeal heard by the district court. The appellant may exercise this right only by filing a separate statement of election at the time of the filing of this notice of appeal. Any other party may elect, within the time provided in 28 U.S.C. § 158(c), to have the appeal heard by the district court. (Added Aug. 1, 1991; amended Mar. 14, 1995; Oct. 1, 1997.) |