Rule 1009-1.     Amendments to Lists, Schedules & Statements

          (a)     Caption. Each amendment to the petition, lists, schedules and statements shall contain a caption complying with FRBP 1005 and 9004(b) and include the word "Amended" in the designation of the character of the paper. Amendments should be filed in the same number as specified for the case in Local Bankruptcy Rule 1007-1.

          (b)     List of Creditors and Schedules of Liabilities. Amendments to the list of creditors and schedules of liabilities shall include only the additional creditors.

          (c)     Schedules of Assets and Liabilities. Any amendment to the schedules of assets and liabilities which affects the amount claimed shall be totaled on both the amended schedule(s) as well as on the amended summary of schedules.

          (d)     Mailing Matrix. Any amendment to the schedules of liabilities or list of creditors which adds a party not previously listed shall include an amended, certified mailing matrix, listing, without duplication, only the additional creditor(s) with complete mailing address(es).

          (e)     Amended List of Creditors. If the petition is filed with a list of debtor's creditors and their addresses in lieu of completed schedules as permitted by FRBP 1007(c), and thereafter, the debtor includes an additional creditor in the completed schedules "D", "E" or "F" who was not previously included in the original list of creditors, it shall be treated as an amendment and it shall be incumbent upon the debtor to file an amended list of creditors.

          (f)     Notice of Amendments. In the event the petition, lists, schedules or statements are amended pursuant to FRBP 1009, the debtor shall forthwith serve notice of such amendment upon the United States trustee and any entity affected thereby, and file a certificate of service reflecting the same. The notice of an amendment to add creditors shall include any matters previously noticed by the clerk, including but not limited to, a copy of the Notice of Commencement of the case, and, if applicable, a proof of claim form.

          (g)     Certificate of Service. Upon filing an amendment, a certificate reflecting service of notice of the amendment shall be filed simultaneously with the clerk and any trustee appointed in the case.

          (h)     Amendment to Claim of Exemption. An amendment to a claim of exemption pursuant to FRBP 4003(a) shall be filed and served by the debtor or dependent of the debtor on the trustee, the United States trustee and all creditors. The certificate of service required by subsection (g) of this rule shall be filed with the amendment to claim of exemption.
 
 

Comment

          Amendments shall be filed in the form prescribed in Local Bankruptcy Rule 9004-1 and in accordance with Local Bankruptcy Rules 1007-1 and 1007-2.