Amendments to Schedules

Last Updated: April 4, 2019

Every amendment to the petition, schedules or statements shall be filed with the Clerk. 

When filed electronically, the U.S. Trustee and Trustee will receive notice of the amendment. Non-electronic filers must include proof of service indicating the appropriate parties have been served with the amendment.  In addition, the following requirements must be met:

  1. An Amendment Cover Sheet is required to be filed with every amendment. Electronic filers should describe the changes made to schedules on the cover sheet and in the "modify as appropriate" box provided in the amended schedules event.  Non-electronic filers will describe the changes made to the schedules on the cover sheet. The cover sheet must be signed by the debtor(s).

  2. A filing fee is required for any amendments to the debtor's schedules of creditors, list of creditors, matrix or mailing list to add or omit creditors; or to change the amount or classification of the debt. (Schedules D or E/F). No fee is due to change an address of a listed creditor or to add the name and address of an attorney for a creditor already listed.

    [Note:  Refer to Bankruptcy Court Miscellaneous Fee Schedule for exceptions to filing fee. 28 U.S.C. Section 1930]

  3. An Amended Summary of Assets and Liabilities and Certain Statistical Information  is required with every amendment filed reflecting the cumulative total for each schedule being amended.

  4. Every amendment to Schedule C shall be accompanied by proof of service indicating service of the amendment on any party who has objected to the claim of exemptions. If the amendment is filed electronically and the objecting party is an electronic filer, the party will receive a Notice of Electronic Filing (NEF), no further service is required.  

  5. Every amendment adding creditors to Schedule D or E/F shall be accompanied by proof of service that indicates each added creditor only has  been served with the following documents:

    1. Full social security number of the debtor(s) (if not noted on the Section 341 Meeting Notice) (Do NOT file)

    2. Section 341 Meeting Notice (Do NOT file)

    3. Notice to Creditor(s) of Amended Schedules (if applicable).

    4. Amendment Cover Sheet and Amended Schedules.

  6. It is not necessary to file an additional mailing matrix if proof of service lists each added creditor(s).

  7. In a Chapter 11 case, the following parties shall also be served with any amendment:

    • Examiner (if any)

    • Attorney for the Creditors Committee (if any)

    • Chapter 11 Agencies

Note:  A closed case must be reopened before an amendment is filed.  

Filing Requirements:


To File Electronically:

  1. Log into CM/ECF.

  2. Select [Bankruptcy >  Misc/Other].

  3. Enter the case number (e.g, xx-xxxxx).

  4. Select [Amended Schedules] from the event list.

    Note: Amended Means Test is not a part of this event and must be filed separately.

  5. Skip the Joint Filing screen.

  6. Select the party filer.

  7. Browse to select the Amended Schedule(s) (PDF file).

  8. Notice appears:  "Amended Summary of Schedules required with every amendment filed reflecting the cumulative total for each schedule being amended."  Click [Next].

  9. Select all amended schedule/statement being filed.  

  10. Enter the total amount for the amended schedule(s) selected in the appropriate box.

  11. If schedule A, B, D, E/F, G, H, I, or J, is selected, update the summary of schedules with cumulative totals for each amended schedule.

    Important Note
    : This is the TOTAL amount for the schedule, not just the amended amount. The existing total for each schedule will be reflected on the Summary of Schedules.

  12. Leave receipt field blank and click Next to continue filing when fee is due. You will be directed to the ACH or credit card payment screen after completing this entry.

  13. Modify docket text as appropriate. Describe the changes made to the schedule (i.e., "Added GMAC to D" or "Added 2004 Toyota to B and C").

  14. Review the final docket text, if correct, click [Next] to submit your document(s).

    Note: The Notice of Electronic Filing displays giving you the document number. Copies of this notice are immediately e-mailed to all participants who receive electronic notification in the case.

  15. Court will add creditors to creditor matrix.

  16. Next file Proof of Service as required by the amendment.

 

 

11 U.S.C.:

FRBP: 1009

Local Rule: 1009-1