(a) Form of Amendments
(1) Generally
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;
(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) be accompanied by an amended summary of schedules and an amended statistical summary of certain liabilities, if the amendment changes the total on a schedule.
(2) Amendments Adding Creditors
An amendment that adds a creditor shall state the date the debt was incurred, and if filed non-electronically, shall be accompanied by a CD, diskette, DVD, flash drive, or other acceptable medium listing only the added creditors.
(b) Notice Requirements
(1) Amendments Adding or Changing Status of Creditors
(A) 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 under S.D. Ind. B-1007-1(c).
(B) The Debtor shall give notice to added creditors and provide copies of notices and documents in the case, 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. 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.
(C) If a Chapter 11 Debtor amends a schedule and changes the status of a claim to contingent, disputed, or unliquidated, or changes the scheduled amount of a claim, the Debtor shall give notice to the affected creditor of the change in status or amount and of the bar date for the creditor to file a claim which is the later of the current deadline for filing claims or 45 days after the notice. A sample form is available on the Court’s website.
(2) Amendments to SSN or ITIN
If a SSN or ITIN is incorrect and the notice of the Meeting of Creditors 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 Meeting of Creditors was issued with an incorrect SSN or ITIN, the Debtor shall contact the Clerk and complete steps (A) through (D) below, as applicable:
(A) if a SSN or ITIN on a Statement of Social Security Number is incorrect, submit an amended statement to the Clerk;
(B) if the last four digits of the SSN or ITIN listed on the first page of the voluntary petition are incorrect, file an amended petition;
(C) distribute notice of the corrected SSN or ITIN to all creditors, the trustee, and the UST; and
(D) file a Certificate of Service.
(3) Amendments Changing the Debtor’s Name
If the Debtor’s name is incorrect and the notice of the Meeting of Creditors 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 Meeting of Creditors was issued with an incorrect Debtor name, the Debtor shall contact the Clerk and complete steps (A) through (D) below, as applicable:
(A) if the Debtor’s name on the petition is incorrect, submit an amended petition;
(B) if the Debtor’s name used for an electronic signature is incorrect, file a declaration under penalty of perjury affirming that the document filed with the incorrect electronic signature was signed in the original by the Debtor using the correct name, and that the document is true and correct to the best of the Debtor’s knowledge, information, and belief. A sample declaration is available on the Court’s website;
(C) distribute notice of the corrected name to all creditors, the trustee, and the UST; and
(D) file a Certificate of Service.