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B-1009-1. AMENDMENTS OF VOLUNTARY PETITIONS, LISTS, SCHEDULES, AND STATEMENTS OF FINANCIAL AFFAIRS

(a)   Form of Amendments

 (1)       Generally

 All amendments to voluntary petitions, lists, schedules, statements, and other documents shall:

(A)     comply with Fed.R.Bankr.P. 1009 and S.D.Ind. B-1007-1, and be accompanied by the appropriate filing fee;

(B)     be verified and signed by the Debtor under penalty of perjury;

(C)     note the information that has changed in the document, either by highlighting or description;

(D)     include all information from the original document that remains accurate; and

(E)     if the amendment changes the totals on any schedule, be accompanied by an amended summary of schedules and if appropriate, an amended statistical summary of certain liabilities  if the amendment changes the total of any schedule.

 (2)      Amendments Adding Creditors

Any amendment which adds a creditor shall state the date the debt was incurred  An amendment which adds creditors and is filed non-electronically shall be accompanied by a CD,  diskette, DVD, flash drive, or other acceptable medium listing the added creditors only.

(b)   Amendments Adding or Changing Status of Creditors: Notice Requirements

(1)     If an amendment adds creditors, the Debtor shall also upload creditor information at the time of filing or, if filed non-electronically, shall provide a new CD, diskette, DVD, flash drive, or other acceptable medium pursuant to S.D. Ind. B-1007-1(c).

 (2)     The Debtor shall give notice to added creditors and provide copies of notices and documents in the case as appropriate, including the notice of the meeting of creditors with full SSN or ITIN, notice of possible assets, the most recent plan or amended plan, and confirmation hearing notice and shall file a certificate of service that complies with S.D.Ind. B-9013-2. If the Debtor asserts that no notice is required, the Debtor shall file a statement in lieu of notice. A sample form is available on the Court’s website.

 (3)     If a Chapter 11 Debtor amends the creditor schedules and changes the status of a claim not previously listed as contingent, disputed, or unliquidated to a status of contingent, disputed, or unliquidated, or changes the scheduled amount of a claim, the Debtor shall give notice to that creditor of the change in status or amount and of the bar date for filing claims or a deadline for filing claims that is thirty (30) days after the notice, whichever date is later.  A sample form is available on the Court’s website.

 (c)      Amendments to Social Security Number or Individual Taxpayer Identification Number: Notice Requirements

If a SSN or ITIN is incorrect and the notice of the creditors’ meeting has not been issued, the Debtor shall alert the Clerk by telephone to determine the necessary steps to correct the error prior to issuance of the meeting notice. If the notice of the creditors’ meeting was issued with an incorrect SSN or ITIN, the Debtor shall contact the Court and complete steps (1) through (4) below, as applicable.

(1)     If the SSN or ITIN on any Statement of Social Security Number is incorrect, the Debtor shall submit an amended statement to the Clerk.

(2)     If the last four digits of the SSN or ITIN listed on the first page of the voluntary petition are incorrect, the Debtor shall file an amended petition with the correct last four digits of the SSN or ITIN.

(3)     The Debtor shall distribute notice of the corrected SSN or ITIN to all creditors, trustee, and the UST.

(4)     The Debtor shall file a certificate of service that complies with S.D.Ind. B-9013-2.

(d)   Amendments Changing Debtor’s Name: Notice Requirements

If the Debtor’s name is incorrect and the notice of the creditors’ meeting has not been issued, the Debtor shall alert the Clerk by telephone to determine the necessary steps to correct the error prior to issuance of the meeting notice. If the notice of the creditors’ meeting was issued with an incorrect Debtor name, the Debtor shall contact the Court and complete steps (1) through (4) below, as applicable.

(1)     If the Debtor’s name on the petition is incorrect, the Debtor shall submit an amended petition.

(2)     If the Debtor’s name used for any electronic signature is incorrect, the Debtor shall file a declaration under penalty of perjury affirming that the documents filed with the incorrect electronic signature were signed in the original by the Debtor using the correct name, and that the documents are true and correct to the best of the Debtor’s knowledge, information, and belief. A sample declaration is available on the Court’s website.

(3)     The Debtor shall distribute notice of the corrected name to all creditors, trustee, and the UST.

(4)     The Debtor shall file a certificate of service that complies with S.D.Ind. B-9013-2.