A Clear Guide for Debtors and Petition Preparers
Official Form 119 is a mandatory federal form required whenever a bankruptcy petition preparer (BPP)—a non‑attorney who assists with document preparation—helps a debtor file for bankruptcy. The form ensures transparency, protects debtors from unauthorized legal advice, and documents the preparer’s compliance with 11 U.S.C. § 110.
Purpose of the Form
Official Form 119 serves three core functions:
1. Notify the debtor
The form explains, in plain language, what a bankruptcy petition preparer can and cannot do. BPPs are strictly limited to typing and transcribing information provided by the debtor.
2. Document compliance
The preparer must certify that:
- They provided the required statutory notices.
- They gave the debtor copies of all documents prepared.
- They disclosed all fees charged or collected.
3. Create a record for the court
The form is filed with the bankruptcy petition so the court can verify that the preparer followed federal law.
Part 1 — Notice to Debtor
This section is signed by the debtor(s). It confirms that the debtor received the mandatory disclosures before any documents were prepared.
Key points the debtor must acknowledge
A bankruptcy petition preparer is not an attorney and may not give legal advice, including:
- Whether to file bankruptcy
- Which chapter to choose
- Whether debts will be discharged
- Whether property can be kept
- Tax consequences of filing
- Whether tax debts are dischargeable
- Whether to reaffirm debts
- How to classify assets, debts, or exemptions
- What rights or procedures apply in bankruptcy
The debtor signs and dates this section to confirm receipt of the notice.
Part 2 — Declaration and Signature of the Bankruptcy Petition Preparer
This section is completed and signed by the preparer. It is a sworn declaration under penalty of perjury.
The preparer must certify that they:
- Prepared the listed documents
- Provided copies of all documents to the debtor
- Provided the required §110(b) notice
- Are not an attorney
- Did not give legal advice
Required preparer information
- Full name
- Title (if any)
- Business name (if applicable)
- Address
- Telephone number
- Social Security Number (required by statute)
Documents Prepared
The form includes a checklist where the preparer identifies which documents they prepared, such as:
- Voluntary Petition (Form 101 or 201)
- Schedules A/B through J
- Statement of Financial Affairs
- Means Test forms
- Fee waiver or installment applications
- Creditor matrix
- Other documents (with description)
This creates a transparent record of the preparer’s involvement.
Fee Disclosure
The preparer must disclose:
- Any fee received within 12 months before filing
- Any unpaid fee still owed
- The maximum fee allowed by local rule (if applicable)
This protects debtors from overcharging and allows the court to enforce fee limits.
Signatures and Penalties
Both the debtor(s) and the preparer must sign the form.
Legal consequences for violations
Under 11 U.S.C. § 110, a preparer who violates the law may face:
- Fines
- Disgorgement of fees
- Injunctions prohibiting further petition preparation
- Criminal penalties under 18 U.S.C. § 156
Why This Form Matters
Official Form 119 is a cornerstone of consumer protection in bankruptcy. It ensures that:
- Debtors understand the limits of non‑attorney assistance
- Preparers operate transparently and ethically
- Courts can monitor compliance with federal law
For petition preparers, completing this form accurately is not optional—it is a statutory requirement with serious consequences for noncompliance.
