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Termination of CARES Act changes to Official Forms 101, 122A-1, 122B, 122C-1, and 201.

Wednesday, March 30, 2022

Under the Coronavirus Aid, Relief, and Economic Security Act (the CARES Act), Pub. L. No. 116-136, 134 Stat. 281, as amended by the COVID-19 Bankruptcy Relief Extension Act of 2021, Pub. L. 117-5, 135 Stat. 249, temporary amendments were made to Official Forms 101, 122A-1, 122B, 122C-1, and 201 (the CARES Act amendments). Official Forms 101 and 201 were amended to permit a debtor to elect chapter 11, subchapter V treatment if aggregate debts are less than $7,500,000, and Forms 122A-1, 122B, and 122C-1, were amended to incorporate the CARES Act change to the definition of “current monthly income” and the calculation of disposable income. 

The CARES Act amendments lapsed on March 27, 2022, and effective March 28, 2022, the forms reverted to their pre-CARES Act versions, with any non-CARES Act amendments incorporated. 

The pre-CARES Act versions of the forms (as amended December 1, 2021, in the case of Official Form 122B, and incorporating the April 1, 2022, dollar adjustments in the case of Official Form 201) are: