You are here

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

(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 the entirety or the last four digits of a SSN or ITIN on a Statement of Social Security Number is incorrectly stated on the Statement of Social Security Number or voluntary petition, the Debtor shall   file an amended Statement of Social Security Number or an amended voluntary petition with                     the correct SSN or ITIN.  If the notice of the Meeting of Creditors was issued with an incorrect SSN or ITIN, the Debtor shall distribute the original notice of the Meeting of Creditors and notice of the corrected SSN or ITIN to all creditors, the trustee, the UST, and file a Certificate of Service.  
 

(3)       Amendments Changing the 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 the Meeting of Creditors was issued with an incorrect Debtor name, 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 notice of the corrected name to all creditors, the trustee, the UST, and file a Certificate of Service.