Local Rule RULE 1009–1: Amending a Voluntary Petition, List, Schedule, or Statement

RULE 1009–1 Amending a Voluntary Petition, List, Schedule, or Statement

(a) Requirement of Amended Summary of Schedules and Signed Declaration Page When Schedules Are Amended. When a debtor amends a schedule or schedules, the debtor must include:

(1) Official Form B 106 Declaration "Declaration About an Individual Debtor's Schedules" or Official Form B 202 "Declaration Under Penalty of Perjury for Non-Individual Debtors" as applicable; and

(2) Official Form B 106 Summary "Summary of Your Assets and Liabilities and Certain Statistical Information" or Official Form B 206 Summary "Summary of Assets and Liabilities for Non-Individuals" as applicable.

(b) Notice to Creditors and Amendment Coversheet. Every amendment to lists, schedules, and/or statements (an "Amendment") which adds, deletes, or modifies a creditor, shall include a properly completed Local Form 101 Notice to Creditors and Amendment Coversheet for Amending Creditor or Creditor Information. When an Amendment adds creditors to a bankruptcy case, the Amendment shall be accompanied by a list of the added creditors in a format specified by the Clerk, and shall mail by first class mail, to all entities affected by the Amendment, a copy of the following: (1) the Amendment and Official Local Form 101; (2) the original notice of the meeting of creditors; (3) each order that establishes or extends a bar date for filing proofs of claims, complaints to determine the dischargeability of certain debts, or to object to the discharge of the debtor; (4) the order granting discharge (if any); (5) the notice required by Local Bankruptcy Rule 3003–1(b)(1)(iii); and (6) any other filed document(s) affecting the rights of said entities.

(c) Fee Triggered by Filing of an Amendment, or Certification That the Amendment Did Not Trigger a Fee. When an Amendment of the List of Creditors, other than an Amendment changing only the addresses of previously listed entities, is filed, the filer must either: (1) pay the fee imposed by the Bankruptcy Court Miscellaneous Fee Schedule; or (2) file a certification that no fee is owed.

(d) Addition to Electronic List of Creditors. Where the debtor adds creditors or other parties in interest to a case by amending either the schedules, statements, or List of Creditors previously filed, the debtor shall ensure that the added entities are added to the List of Creditors in the Court's NextGen CM/ECF system. This rule does not apply to parties not represented by an attorney and/or required to file documents in paper format with the Clerk's Office.

(e) Certificate of Compliance. Contemporaneously with the filing of either (1) an amended schedule or (2) a supplemental or amended List of Creditors, the debtor must file a certificate of compliance with this Local Bankruptcy Rule, together with a dated and conspicuously titled supplemental List of Creditors that lists only the names and correct mailing addresses of each newly scheduled and/or amended creditor, if applicable.