The captions in form 35-3 are adapted from Official Bankruptcy Forms 16A, 16B, and 16D found in the appendix of title 11 of the U.S. Code. The practitioner should consult 11 U.S.C. § 342 to determine which caption to use for a specific pleading. For the caption for a complaint in an adversary proceeding, see Form 16C. For the caption for a notice of appeal under 28 U.S.C. § 158(a) or (b) or from a judgment, order, or decree of a bankruptcy judge, see Form 17. Before filing any pleading with the court, the practitioner should also consult the local rules for the bankruptcy court in which he will appear.
All documents and proposed orders filed in the bankruptcy courts for the four districts in Texas must be filed electronically by means of the CF/ECF system as PDF files, with one exception: the local rules of the bankruptcy courts for the Northern District of Texas require that proposed orders be filed in Word format.
Warning: The local rules of the Bankruptcy Courts for the four districts in Texas have specific requirements for the content of the captions of pleadings and orders, and they are all different. The practitioner should consult the local rules of the bankruptcy court for the district in which he intends to file for the specific requirements as to the content of captions. See section 35.1:2 in this chapter.
Official Captions
Full Caption
1
UNITED STATES BANKRUPTCY COURT
[District] DISTRICT OF TEXAS
[Division] DIVISION
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In re [include all names, |
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including married, maiden, and trade |
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names, used by debtor within last |
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eight years], Debtor |
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[Address, city, state] |
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Case No. [case number] |
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[Last four digits of Social Security or |
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Chapter [chapter] |
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individual-tax-payer-identification |
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(ITIN) no.[s] (if any)] |
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[Employer tax-identification |
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(EIN) no.[s] (if any)] |
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Short Caption
2
UNITED STATES BANKRUPTCY COURT
[District] DISTRICT OF TEXAS
[Division] DIVISION
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In re [name of debtor], Debtor |
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No. [number] |
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Chapter [chapter] |
Caption for Use in Adversary Proceeding Other Than Complaint Filed by Debtor
3
UNITED STATES BANKRUPTCY COURT
[District] DISTRICT OF TEXAS
[Division] DIVISION
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In re [name of debtor], Debtor |
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Case No. [case number] |
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[Name of plaintiff], Plaintiff |
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Chapter [chapter] |
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v. |
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Adv. No. [number] |
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[Name of defendant], Defendant |
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