Official Procedure Last Change December 1, 2023

Amended/Corrected Petitions

How to file: Location of event: Bankruptcy > Schedules/Statement of Financial Affairs/Initial Required Documents > Amended/Corrected Petition Things to be aware of when filing: An amended petition should not be used to correct information that changed after the date of filing of the petition.

S. D. Ind. B-1009-1

General Information

An amended or corrected petition should only be filed if any information on the original petition was missing or incorrect at the time of filing. If any information changes after the filing date, there are specific procedures to transmit this information to the court:

• Change of chapter: See procedure on conversions
• If the debtor moves: See procedure on change of address
• If the debtor marries and changes her name: See section below

Correcting a debtor's name

• If the Debtor's name used for an electronic signature or voluntary petition is incorrect, the Debtor shall file an amended petition and/or Declaration as to Original Signature with the Debtor's correct name. 

• If the notice of Meeting of Creditors was issued with an incorrect Debtor name, the Debtor shall distribute the original notice of the Meeting of Creditors and Notice of Corrected Debtor's Name to all creditors, the trustee, the UST, and file a Certificate of Service

Correcting a social security number

• If the last four digits of the SSN shown on the Voluntary Petition are incorrect, an amended petition showing the correct last four digits must be filed using the instructions show below.

• If the last four digits of the SSN are also incorrect on the original Statement of Social Security Number, refer to the procedure Corrected Statement of SSN.

Name change due to marriage

• Do not file an Amended Petition to add a married name, unless the debtor already had that name at the time of filing their bankruptcy petition and it was omitted from the Petition in error.

• Instead, file a Notice of Name Change to alert the Court to the new name. There is no official form available for that purpose. The document should be filed using the Notice of Submission event.

Filing requirements 

• Official Form 101 for individual debtors or 201 for non-individual debtors must be used.
• Part 7 of Form 101, or Question 17 of Form 201, must be included and signed by the debtor(s).
• Certificate of Service (if the 341 meeting notice was issued with incorrect information)

 

Step-by-Step Instructions

1. Log into CM/ECF.

2. Select Bankruptcy > Schedules/Statement of Financial Affairs/Initial Required Documents.

3. Enter case number (in the format xx-xxxxx) and click Next.

4. Select Amended/Corrected Petition from the event list and click Next.

5. Check box if jointly filing with another attorney, click Next. If jointly filing, select additional attorneys, click Next.

6. Click to highlight the debtor(s) for whom the Certificate is being filed and click Next. You must select both debtors if you are intending to include the certificates for both debtors in this filing. To select both debtors, hold down the Ctrl key while clicking on each debtor name.

Note: The "Attorney/Party Association” screen may appear. If your party selection was correct, check the box to create an association and click Next.

7. Browse to select the document to be filed (pdf file). Click Next.

8. Check the box next to the Petition that you are amending and click Next. (If there is only one petition on the docket, this step is skipped.)

9. Select the appropriate radio button and click Next.

10. Select all documents that you are filing (corrected petitions), or the reason for the amendment (amended petitions) and click Next.

11. If you indicated that you are amending the debtor's name, choose appropriate radio button re: Certificate of Service and click Next. Choose appropriate radio button re: Declaration then click Next.

12. If you indicated that you are amending the debtor's SSN, a warning message is displayed. Click Next.

13. Final docket text is displayed. Click Next.

14. Verify the final docket text; if correct, click Next to submit your document(s).

Note: The Notice of Electronic Filing displays giving you the document number. Copies of this notice are immediately e-mailed to all participants who receive electronic notification in the case.