Overview of Official Form 106Dec for Individual Debtors

Understanding the Official Form 106Dec: Declaration About an Individual Debtor’s Schedules

If you are filing for bankruptcy in the United States as an individual debtor, you are required to complete a variety of forms to provide the court with detailed information about your financial situation. One of these critical documents is the Official Form 106Dec, known as the Declaration About an Individual Debtor’s Schedules. This form plays a vital role in ensuring the accuracy and honesty of the information submitted during your bankruptcy case.

Purpose and When to Use Form 106Dec

The primary purpose of Form 106Dec is to affirm the truthfulness and completeness of the schedules and summaries you have filed with the bankruptcy court. It is a declaration that both debtors—if filing jointly—are responsible for providing correct information. This form must be submitted whenever you file your initial bankruptcy schedules or any amended schedules that update or correct previously submitted information.

Filing this declaration is a mandatory step in the bankruptcy process. It ensures that the court has verified that the information provided is accurate, which is essential for the fair administration of bankruptcy proceedings. Failure to submit this form, or submitting false information, can have serious legal consequences, including fines or imprisonment.

Legal Responsibilities and Penalties

The form emphasizes the importance of honesty. Making a false statement, concealing property, or attempting to obtain money or property through fraud in connection with your bankruptcy case can lead to criminal penalties. Specifically, violations can result in fines of up to $250,000, or imprisonment for up to 20 years, or both. These penalties are outlined under federal statutes such as 18 U.S.C. §§ 152, 1341, 1519, and 3571.

Both spouses filing jointly are equally responsible for the accuracy of the information provided. This shared responsibility underscores the importance of transparency and honesty in bankruptcy proceedings.

How to Complete and Sign the Form

When filling out the form, you will need to provide basic identifying information, including your full name, case number (if known), and the district of the bankruptcy court where you are filing. If you are filing an amended case, there is a checkbox to indicate this. The form also asks whether you paid or agreed to pay someone other than an attorney to help you complete your bankruptcy forms.

Declaration Under Penalty of Perjury

By signing the form, you declare under penalty of perjury that the information contained in your schedules and summaries is true and correct. Both debtors—if applicable—must sign and date the form, affirming their responsibility for the accuracy of the submitted information.

Role of Bankruptcy Petition Preparers

If you received assistance from someone other than an attorney—such as a bankruptcy petition preparer—you must disclose their name on the form. You are also required to attach the Bankruptcy Petition Preparer’s Notice, Declaration, and Signature (Official Form 119). This ensures transparency about who assisted in preparing your bankruptcy documents and maintains the integrity of the process.

Submitting the Form

The completed and signed Form 106Dec must be filed with your bankruptcy schedules. It is typically submitted electronically through the court’s filing system or physically at the court clerk’s office, depending on local procedures. Be sure to keep copies for your records and confirm receipt with the court.

Points of Attention and Best Practices

• Accuracy is Crucial: Ensure all information is truthful and complete to avoid legal penalties.
• Timely Filing: Submit the declaration along with your schedules to prevent delays in your case processing.
• Disclosure of Assistance: Always disclose any help received from non-attorneys to comply with court rules.
• Signature and Date: Make sure both debtors sign and date the form to validate it legally.

Filing the Declaration About an Individual Debtor’s Schedules is a critical step in the bankruptcy process, reinforcing the importance of honesty and transparency. By understanding its purpose and requirements, debtors can help ensure a smooth and compliant bankruptcy case.