Amendments

The procedure for filing Amendments is as follows:

• Amendments must be e-filed in CM/ECF. If you have questions as to how to file an amendment electronically, please contact the court.

Local Rule 1009-1 and Standing Order dated June 9, 1999 require that an Amendment/Schedule Cover Sheet be attached to amended schedules, lists, etc. The current version of the Amendment/Schedule Cover Sheet must be used. This applies to: (1) Amendments to information previously filed; (2) Adding information not previously filed; or (3) Schedules/Lists required for conversions (Rule 1019), i.e., post-petition debts.

• Each item being amended must be checked in the appropriate section on the Amendment/Schedule Cover Sheet.

• The attorney (or pro se debtor) and debtor(s) must affix an /s/ slash or original signature to the unsworn declaration.

• Fed.R.Bankr.P. 1009(a) requires the debtor to give notice of the amendment to the trustee and any affected party. An /s/ slash or original signature of the attorney (or pro se debtor) verifying that the service requirement has been accomplished must be affixed on the Amendment/Schedule Cover Sheet in the space provided or on a separate Certificate of Service accompanying the amendment.

• If you are adding creditors with your amendment, upload only those creditors being added. An Amendment Fee will be imposed in accordance with the Bankruptcy Fee Schedule and Bankruptcy Fee Compendium.

• Amendments may be filed at any time prior to the closing of a case. If a case has been closed, an amendment may be filed only after the case has been re-opened.

• PLEASE NOTE: Reopening a case for the purpose of adding a creditor may not be allowed. Please refer to Judge Ninfo’s decision, In re Tucker, 143 B.R. 330 (Bankr. WDNY 1992.)

• Deletion of a creditor can be accomplished through the amendment process.

Page Modified on August 31, 2007 2:20 pm