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Amending Schedules and Mailing Matrix

Are You . . .

1) Amending Prior Bankruptcy Case Filings (Other Than to Add, Delete, or Reclassify a Creditor)?

Under certain circumstances, a debtor may be required or it may be advisable to amend bankruptcy case filings previously made (other than to add, delete or reclassify one or more creditors). In order to amend prior filings, the debtor needs to file the following:

 

2) Amending to Add, Delete or Reclassify Creditor?

Are You Adding a Creditor? 

A debtor may find that it is necessary or advisable to amend prior bankruptcy case filings to add a party previously omitted. These amendments typically are made to Schedule D, E/F, G and/or H. (In some cases, it may not be necessary to amend the Schedules or Mailing Matrix. If the case is "no asset" case, adding creditors, may not be necessary. It may be difficult to determine if the case is a "no asset" case, so parties should check with the trustee appointed in the case, debtor's counsel or the Bankruptcy Assistance Center.) When a party is added in an existing bankruptcy case, the debtor must send certain notices about the bankruptcy case to the parties who have been added. 1

NOTE: If you amend your Schedules (or your list of creditors and mailing matrix) to add, delete, change the debt amount or reclassify a debt, you must pay a $30 fee, unless the Court waives the fee for good cause.

Forms You Need to File: 

Are You Deleting a Creditor?

In some cases, a debtor may find it is necessary or advisable to delete a party from the Mailing Matrix and Schedules D, E/F, G and/or H. For example, if a party has been included erroneously, it may be appropriate to delete them from these prior filings. If you are unsure whether or not the deletion of a party is necessary or advisable, you should consult an attorney, or you may be able to obtain information on this issue from the Bankruptcy Assistance Center.

NOTE: If you amend your Schedules (or your list of creditors and mailing matrix) to add, delete, change the debt amount or reclassify a debt, you must pay a $30 fee, unless the Court waives the fee for good cause.

Forms You Need to File: 

Did you Change the Address/Name of a Previously Listed Creditor?

If a creditor has been listed in the Schedules and/or Mailing Matrix with an incorrect name or address, amendments should be made to correct whatever errors had been made to the previous listing for that creditor. If the only change being made to the Schedules and/or Mailing Matrix is a correction of a mistake in the name or address of a creditor, then no fee is charged.

File These Form(s):

Are You Reclassifying a Creditor?
A debtor may find that it is appropriate to change the way in which the listing of a creditor is set out in the Schedules. Example:

A debtor may originally list a creditor's claim as a general unsecured, non-priority claim in Schedule E/F, but subsequently determine that the creditor held a security interest in property of the debtor, meaning that the creditor should have been listed instead in Schedule D. Alternatively, a debtor may have listed a creditor in Schedule D, believing that the creditor held a security interest, but the debtor discovers that the creditor was never granted a security interest. That creditor thus should be moved from Schedule D (which is only for creditors who hold security interests in the debtor's assets) to Schedule E/F, where unsecured creditors' claims are ordinarily listed.2 

The reclassification (moving creditors from one Schedule to another) is typically accomplished by amending both the Schedule where the creditors claim was originally listed and the Schedule to which the creditor's claim has been moved. No amendment to the Mailing Matrix is required if the only change being made is reclassification.

NOTE: If you amend your Schedules (or your list of creditors and mailing matrix) to add, delete, change the debt amount or reclassify a debt, you must pay a $30 fee, unless the Court waives the fee for good cause. No fee is owed for changing a creditor's or the creditor's attorney's address, or to add the name and address of a creditor's attorney.

Forms You Need to File: 


1Notice to Entities Affected by an Amendment (Other Than Entities Being Deleted from the List of Creditors and Mailing Matrix). The party filing the Amendment must file, separate from the Amendment, a certificate of service complying with Local Official Form No. 13 reciting that the party has mailed by first class mail, to each entity affected by the Amendment (other than an entity being deleted from the List of Creditors and Mailing Matrix):

  1. the notice of the commencement of the bankruptcy case;
  2. any notice from the clerk regarding conversion of the case;
  3. any notice of the meeting of creditors;
  4. any notice sent to all creditors regarding a deadline for opposing any motion not yet decided or any hearing not yet held;
  5. any notice to creditors of the deadline for filing any of the following:
    1. a proof of claim; and
    2. an objection to a disclosure statement not yet approved or to a plan not yet confirmed; and
  6. any currently proposed or already confirmed plan affecting the entities and any order confirming the plan, but the party need not mail a copy of the certificate of service to the affected entities.

2 In some cases, parties who are added to or deleted from Schedules G or H may also have to be added or deleted by amending Schedules D or E/F. If you are unsure, please consult an attorney or visit the Bankruptcy Assistance Center.