Local Rule Rule 1009-1: Amendments of Voluntary Petitions, Lists, Schedules, and Statements

Rule 1009-1. Amendments of Voluntary Petitions, Lists, Schedules, and Statements

(a) AMENDMENTS TO DEBTOR'S IDENTIFICATION INFORMATION. At any time before the clerk sends the meeting of creditors notice, the clerk may direct the debtor to file an amendment to the petition on a form prescribed by the clerk to correct any clerical mistakes in the debtor's name, address, or employer identification number. If the debtor fails to comply, the clerk must determine the title of the case. If the debtor's identification information is corrected after the clerk sends the meeting of creditors notice, the debtor must comply with the notice requirements of Federal Rule of Bankruptcy Procedure 1009.

(b) FORM, FILING, AND NOTICE OF AMENDMENTS. Except as provided in paragraph (a) of this rule, all amendments to petitions, lists, schedules, and statements must be made by filing a new petition, list, schedule, or statement that is identified as amended. If an amended form is submitted, the "amended filing" checkbox must be checked. The amended documents must clearly identify all changes made by underlining all additions and lining out all deletions or by submitting Local Form 1009-1 with the amended documents. Notice of any amendments must be made in accordance with Federal Rule of Bankruptcy Procedure 1009(a).

[Effective April 15, 1997. Amended effective January 1, 2002; January 9, 2006; February 22, 2012; December 1, 2015; May 1, 2018; October 1, 2019; July 17, 2023.]

2023 Advisory Committee Note Local Rule 1009-1 was restyled and amended to avoid unnecessary duplication with Fed. R. Bankr. P. 1009. In amended subsection (a), "employer" now modifies "identification number" to make clear that if an individual debtor's social security number is incorrect, Fed. R. Bankr. P. 1009(c) applies, regardless of whether the correction is made before or after the clerk sends the meeting of creditors notice. Amended subsection (a) no longer distinguishes between debtors represented by an attorney and pro se debtors. Because Fed. R. Bankr. P. 1009(a) states that the "debtor shall give notice of the amendment to the trustee and to any entity affected thereby" it is no longer necessary to provide additional instructions for filing amended Schedules A/B, C, D, and E/F. Debtors, including pro se debtors, are responsible for adequately noticing any affected entity when amended petitions, lists, schedules, and statements are filed, and for filing any required proof of such notice. See also Local Rule 9036-1(a) (requiring proof of service or notice to a non-Filing User). Accordingly, former subsections (b)(2)–(4) have been removed.

Current subsection (b), which was former subsection (b)(1), was restyled to clarify that any form amendments must be identified as an amended filing by checking the amended filing checkbox.