Local Rule 1009-5: Supplement Schedule I or J.

Rule 1009-5. Supplement Schedule I or J. If an individual debtor in a chapter 11, chapter 12, or chapter 13 case wants to show or is directed by the Court to show a post-petition change in income or a post-petition change in expenses in support of a proposed plan, a motion, or a response, the debtor shall file the fully completed schedule I or schedule J using the appropriate official form, checking the box at the top right of the first page of the schedule indicating it is a supplement showing post-petition income or expenses, inserting the date on which the information in the supplement schedule was determined, and attaching as the last page of the supplement schedule a fully completed Declaration About an Individual Debtor's Schedules (Official Form 106Dec). The debtor shall serve the supplement schedule I or the supplement schedule J on parties in interest not electronically served and on any party requesting a copy.

REFERENCES: Official Forms 106I and 106J.

Practice Pointers: A debtor should file an amended schedule I or an amended schedule J if information in the original schedule was incorrect as of the petition date. An amendment of a schedule is governed by Bankr. D.S.D. R. 1009-2. If information in a schedule I or a schedule J has changed post-petition, a chapter 12 or a chapter 13 debtor may file a supplement schedule I or a supplement schedule J to reflect those changes.

Although Official Forms 106I and 106J only reference a chapter 13 case with the check box for a supplement schedule, the official forms may be used to file a supplement schedule I or a supplement schedule J in either a chapter 12 or a chapter 13 case.

A chapter 12 or a chapter 13 debtor may reference a supplement schedule I or a supplement schedule J in a proposed plan, a motion, or a response but is not required to attach the supplement schedule to the proposed plan, the motion, or the response. However, if a debtor references a supplement schedule I or a supplement schedule J in a proposed plan, a motion, or a response, the debtor should have already filed the supplement schedule or the debtor must file the supplement schedule at the same time the proposed plan, the motion, or the response is filed.