BANKRUPTCY RULE 1009-1

AMENDMENTS OF VOLUNTARY PETITIONS,

LISTS, SCHEDULES AND STATEMENTS

 

(A)           Procedure

A debtor must file amendments to voluntary petitions, lists, schedules and statements consistent with guidelines in the ECF User's Manual. An Amendment Cover Sheet must accompany all amendments.

(B)           Service and Notice

A debtor must file and serve amendments to schedules and statements on creditor(s) to whom the debt is owed, the trustee and United States Trustee in time to comply with applicable provisions of section 523(a)(3) with a notice that must include:

(1)             for each affected person or entity, the name and address, amount owed and date debtor incurred the debt;

(2)             the name and address of debtor's counsel and the trustee;

(3)             the deadline for filing proofs of claim;  or a statement clarifying that no deadline has been set or that it is a no-asset case and proofs of claim need not be filed; or if the deadline has passed or will pass within 30 days of the amendment, a statement providing that the creditor has 30 days after service of the notice to file a proof of claim; and

(4)             the deadline to file complaints seeking an exception to discharge and/or denial of discharge.  If the deadline has passed or will pass within 30 days, the notice must provide that the creditor has 30 days after service of the notice to file a complaint.

A debtor must also serve omitted creditors with the Notice of Bankruptcy Case. Do not include the Notice of Bankruptcy Case with electronically filed documents.

Amended mailing lists must only list additional creditors.

See Local Form - Notice to Creditor(s) of Amended Schedule(s).

(C)           Amendments to schedule c, exempt property

Any amendment to Schedule C must restate in full all claimed exemptions. A debtor must identify all changes to an amended Schedule C on the amended schedule. If the debtor fails to meet either of these requirements, the debtor will be deemed to have failed to meet the notice requirement for amended schedules under Fed. R. Bankr. P. 1009.