Local Rule 1009-2: Amendment of a List (other than a mailing list of creditors), Schedule, or Statement (other than a Statement About Your Social Security Numbers).

Rule 1009-2. Amendment of a List (other than a mailing list of creditors), Schedule, or Statement (other than a Statement About Your Social Security Numbers).

(a) Required documents. If a list (other than a mailing list of creditors), schedule, or statement (other than a Statement About Your Social Security Numbers, Official Form 121) contains information that is incorrect or incomplete as of the petition date, the debtor shall file:

(1) an amended list, schedule, or statement, using the appropriate official form, if any, and checking the "amended filing" box at the top right of the first page of the list, schedule, or statement, if such a box is provided. If the list, schedule, or statement to be amended does not have a box by which its amended nature may be designated, the document shall be labeled "AMENDED" in the title of the document. If the official form for the list, schedule, or statement to be amended does not include a signature page, the debtor shall include, as the last page of the amended list, schedule, or statement, a fully completed Declaration About an Individual Debtor's Schedules (Official Form 106Dec) or a fully completed Declaration Under Penalty of Perjury for Non-Individual Debtors (Official Form 202).

(2) a notice of amendment that conforms to Appendix 1H or Appendix 1I and states each change from the original document that is being made in the amended document.

(b) Service of the notice. The debtor shall serve the notice of amendment on parties in interest not electronically served, including any creditor being added or deleted by the amendment or whose claim is being modified by the amendment, except when a schedule C is amended the debtor shall serve the notice of amendment on all creditors and other parties in interest not electronically served.

REFERENCES: Fed.Rs.Bankr.P. 1007, 1008, and 1009.

Practice Pointers: An amendment of a Social Security number is governed by Bankr. D.S.D. R. 1009-3. An amendment of a mailing list of creditors is governed by Bankr. D.S.D. R. 1009-4.

A debtor does not need to amend both the mailing list of creditors and a schedule. If a creditor was omitted from a schedule or if the claim information on a schedule for a particular creditor is incorrect, the debtor should file an amended schedule and the Clerk will update the mailing list of creditors, if necessary. If the creditor and the creditor's claim were correctly included on the appropriate schedule but the creditor's name or address was missing from the mailing list of creditors or if the address was listed incorrectly on the mailing list of creditors, the debtor should amend only the mailing list of creditors.