Rule 1009-1 : Amendments to Lists and Schedules


Amendments involve several separate steps set forth below in the following subparagraphs categorized generally as follows: (a) properly filing the amendment with the court; (b) providing the appropriate notice of the amendment to interested parties; and (c) filing a proper Certificate of Service with the court. The failure to complete each step below fully may result in the amendment being meaningless.

(a) Amendments to Add Creditors or Other Information: An amendment to Schedules D, E, F, G and H pursuant to FED. R. BANKR. P. 1009 must be:

(1) shown on a schedule separate from the schedule originally filed; or

(2) highlighted, i.e., marked by an asterisk, underscored, etc., if such amendment has been incorporated in a revised edition of the schedule originally filed; and

(3) shown on an amended Creditors Address Mailing Matrix in the form and manner described in L.B.R. 1007-2 and L.B.R. 1007-2App that is separate and apart from any other Creditor Address Mailing Matrix previously filed in the case; and

(4) must be accompanied by payment of any fee prescribed by the Judicial Conference of the United States pursuant to 28 U.S.C. § 1930(b).

(b) Notice of Amendment: In addition to the requirements of 11 U.S.C. § 342(c)(1) and FED. R. BANKR. P. 1009(a), upon the filing of an amendment adding creditors or parties in interest, the debtor must mail to the newly added creditors or parties a copy of the following documents:

(1) the amended schedule,

(2) the Notice of Amendment to Schedule, L.B. Form 1009-1.1,

(3) the Notice of Meeting of Creditors, and

(4) any notice of possible dividend or notice of a bar date for filing proofs of claim, along with a proof of claim form.

(c) Certificate of Service: The debtor must file a certificate of service showing compliance with this L.B.R. with the amendment or not later than three (3) court days of filing the amendment. The Notice of Amendment to Schedule, L.B.Form 1009-1.1 must be attached to the Certificate of Service filed with the court.

(d) Creditor Requests to Modify Creditor Address Mailing Matrix: If a creditor wishes to modify the address listed in the schedules or on the Creditor Address Mailing Matrix the creditor may file or modify a proof of claim or file a notice of change of address and mail a copy to the debtor and debtor’s counsel.

Commentary

[Source: D. Colo. 109 and GPO 2005-1]

Preamble added for clarity so that all steps required for amendments are met. January 1, 2014.

Nothing in this rule excuses the mandate set forth in FED.R.BANKR.P. 1008, requiring that “[a]ll petitions, lists, schedules, statements and amendments thereto shall be verified or contain an unsworn declaration as provided in 28 U.S.C. § 1746.”