Local Rule 1009-4: Amendment of a Mailing List of Creditors.

Rule 1009-4. Amendment of a Mailing List of Creditors.

(a) By a debtor. If a debtor needs to correct the mailing list of creditors that was either electronically uploaded when the case was commenced or filed pursuant to Bankr. D.S.D. R. 1007-2, the debtor shall file a combined amendment and notice of amendment that conforms to Appendix 1J. The amendment shall specifically state each change being made. The debtor shall serve the combined amendment and notice of amendment on parties in interest not electronically served.

(b) By a creditor or other party in interest. A creditor or other party in interest shall correct its name or address on the mailing list of creditors by filing a signed and dated notice that conforms to Appendix 1N.

REFERENCES 11 U.S.C. § 521(a)(1)(A); Fed.Rs.Bankr.P. 1007(a)(1) and 1009(a).

Practice Pointers: 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.

A debtor does not need to amend the mailing list of creditors or a schedule when an undeliverable document is returned to the debtor or the debtor's attorney or when the debtor or the debtor's attorney receives a notice from the Bankruptcy Noticing Center that a document is undeliverable. When a document is undeliverable, the debtor should instead comply with Bankr. D.S.D. R. 2002-4.