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Amendments to Petitions, Lists, Schedules, and Statements

Local Rule Number: 
Rule 1009-1
1000 Series

(A)       General.

(1)        Amendments to Correct Clerk’s Scrivener’s Error.  The clerk shall, without court order, correct any scrivener’s error by the clerk occurring during entry of debtor information into the court’s records and serve notice of the correction on all parties of record.

(2)        Debtor(s)’ Signatures Required.  Amendments summaries, schedules, statement of income and expenses, lists, statement of financial affairs, or statement of intent shall be signed by each debtor pursuant to Bankruptcy Rule 1008.  Each debtor must also, if required, sign the forms required by subdivision (D)(1) of this rule.

(B)       Amendment to Petition to Correct Debtor’s Name.    A debtor or debtors seeking to amend a petition to change a debtor’s name (including designation of other or different names under the category “all other names” required to be listed on the petition), or to delete the name of a debtor, shall file a motion with the court requesting approval of such amendment.  The movant shall serve any order adding, deleting or changing any debtor’s name in a petition upon all parties of record and file a certificate of service thereof.  A debtor may not file a motion to amend a petition to add a joint debtor; the additional debtor shall file a separate petition, and may file a motion for joint administration and/or a motion for substantive consolidation with a pending case.

(C)       Amendments to Social Security Number or Other Individual Taxpayer Identification Number.

(1)        Amendments Prior to Entry of Discharge.  A request for change in a debtor’s social security number or other individual taxpayer identification number presented for filing prior to entry of a “Discharge of Debtor”, and prior to the administrative closing of the case, shall be processed by the clerk if such request is accompanied by an Official Bankruptcy Form “Statement About Your Social Security Numbers” reflecting the amended status on the form and a certificate of service in accordance with Local Rule 2002-1(F), reflecting service on all parties of record.

(2)        Amendments Subsequent to Entry of Discharge.  A request for a change in a debtor’s social security number or other individual taxpayer identification number presented for filing subsequent to entry of a “Discharge of Debtor” or the administrative closing of the case, shall only be considered by the court upon the filing of a motion, accompanied by an Official Bankruptcy Form “Statement About Your Social Security Numbers”, reflecting the amended status on the form, and a certificate of service in accordance with Local Rule 2002-1(F), reflecting service on all parties of record.  The motion shall indicate whether an amended discharge is requested.  If the case has been administratively closed, the request must also be accompanied by a motion to reopen case to correct social security number or other individual taxpayer identification number and must be accompanied by the applicable re-opening fee.  Amendments to a debtor’s social security number or other individual taxpayer identification number shall not be made to the official court record, and amended discharges shall not be issued, absent entry of an order of the court directing such changes.

(3)        Requests Must Comply with Privacy Policy.  In accordance with the federal judiciary privacy policy, any papers (other than the Official Bankruptcy Form  “Statement About Your Social Security Numbers”, filed with the clerk to reflect the amended social security number (or other individual taxpayer identification number) in conjunction with a request to amend social security number or other individual taxpayer identification number, shall be redacted with respect to the social security number or other individual taxpayer identification number of any debtor.

(D)       Amendments to Schedules, Statements and Lists.

(1)        Amendments to Creditors’ Information Must be Accompanied by Required Forms.  Either Official Bankruptcy Form “Declaration About an Individual Debtor’s Schedules” or Official Bankruptcy Form “Declaration Under Penalty of Perjury for Non-Individual Debtors,” as applicable shall accompany any paper required by Bankruptcy Rule 1007 or 1009. As set forth in the “Clerk’s Instructions for Preparing, Submitting and Obtaining Service Matrices”, the Local Form “Debtor’s Notice of Compliance with Requirements for Amending Creditor Information” is required when schedules D, or E/F are filed or amended subsequent to the filing of the petition. The requirement to file Local Form “Debtor’s Notice of Compliance with Requirements for Amending Creditor Information” does not apply when corrections to creditor mailing addresses submitted by the debtor or debtor’s attorney using either a “Bypass Notice” or “Notifications of Returned Mail” form provided by the BNC for use in changing or correcting creditors’ mailing address information deemed to be “undeliverable” by the BNC.   Failure to file Local Form “Debtor’s Notice of Compliance with Requirements for Amending Creditor Information” or either Official Bankruptcy Form “Declaration About an Individual Debtor’s Schedules” or Official Bankruptcy Form “Declaration Under Penalty of Perjury for Non-Individual Debtors,” as applicable when required may result in the required schedules (along with all other documents filed with them) being stricken.

(2)        Service on Affected Parties Required.  If schedules or lists are amended to add or modify a creditor’s name or address, a copy of the notice of the meeting of creditors (or any such amended notice) containing the complete social security number of the debtor shall be served on all affected parties, even if the meeting has already been held.  A certificate of service must be filed in compliance with Local Rule 2002-1(F).

(3)        Amendment of Claimed Exemptions.  The debtor shall serve notice of all amendments to the schedule of property claimed as exempt, as provided in Local Rule 4003-1.

(4)        Deadline for Amendments in Unconfirmed Chapter 13 Cases.  Amended schedules and statements in a chapter 13 case that are necessary for confirmation must be filed no later than 14 days prior to the scheduled confirmation hearing.  Copies of amended schedules and statements must be served as provided by subdivision (D)(2) of this rule.

[Comment: See also Local Rules 5005-1(F)(1) and (F)(3) (two-day submission requirement on responses to motions and emergency filing procedures do not apply).]