§ 36.3     Caption for Petition
Cite as:    Keith M. Lundin, Lundin On Chapter 13, § 36.3, at ¶ ____, LundinOnChapter13.com (last visited __________).
[1]

The caption on the first page of a Chapter 13 petition was amended by the Interim Bankruptcy Rules to reflect Code changes by BAPCPA. Official Form 16A now instructs debtors to “set forth . . . all names including married, maiden, and trade names used by the debtor within last 8 years.”1 This change extends from six years to eight years the period for which the caption on the petition must include all names used by the debtor. This reflects the amendment of § 727(a)(8) by BAPCPA to extend from six years to eight years the prohibition on consecutive discharges in Chapter 7 cases.2

[2]

Chapter 13 debtors, though not directly affected by the amendments to § 727(a)(8), must provide eight years of names in conformity with Official Form 16A. This information could become directly relevant if the Chapter 13 case converts to Chapter 7.3


 

1  Official Form 16A.

 

2  See 11 U.S.C. § 727(a)(8).

 

3  See §§ 529.1 [ New Grounds for Conversion after BAPCPA ] § 141.4  Cause for Conversion Added or Changed by BAPCPA535.1 [ Priorities after Conversion: Two Trustees and a DSO ] § 143.4  Priorities after Conversion: Two Trustees and a DSO.