- You can amend you bankruptcy forms and schedules at any time during the course of your bankruptcy and, in some cases, even after you have received your discharge and the case has been closed
- If you are amending the Petition, any Schedules, the Statement of Financial Affairs or the list of creditors, you must also complete a “Cover Sheet for Amendments” and file it with the amended documents
- The “Cover Sheet for Amendments” is a local document that may be found in the Local Forms section of this website.
- When amending forms and schedules, you must file the complete amended document with all information required by the form
- For example: If you are adding creditors to Schedule E/F, you need to file the complete Schedule E/F with all the creditors that were already listed on the Schedule plus the one(s) you are adding
- You must write “Amended” on the top of the document that is being amended
- If you are adding creditor, you must include a 'mini' list of creditors of the new addresses in the format described in the List of Creditors Guidelines
- If you add creditors to your schedules and/or list of creditors more than 14 days before your first Meeting of Creditors (341 Meeting), you must send a copy of the Cover Sheet for Amendments and the amended schedule to the added creditors and file a certificate of service (also known as a proof of service) with the Court
- If you add creditors to your schedules and/or list of creditors less than 14 days before your first Meeting of Creditors or after the Meeting of Creditors is held, you must send copies of the following to each added creditor and file a certificate of service with the Court:
- Cover Sheet for Amendments
- the amended schedule
- the Notice of Bankruptcy Filing (Form 309 – this is sent to you when you first file the case)
- a copy of Local Rule 1009-1(d)
- If you add creditors less than 14 days before your Meeting of Creditors or after the Meeting of Creditors is held, the deadlines to file objections to discharge or objections to exemptions are extended so that each creditor gets the same number of days to file such objections as the creditors would have had if the creditors had been listed on the schedules originally
- These creditors are also entitled to examine the debtor under oath
What is a certificate of service?
A certificate of service (otherwise known as a proof of service) is a statement stating that a person has fulfilled their obligation to serve copies of documents filed in a case on those parties who will be affected by the documents filed.
There is no required form of certificate of service. The certificate needs to be signed and dated by the Debtor and must include the following information:
- The name of the Debtor and the case number
- The names of the documents that were sent
- The names and addresses of the parties that were served
- The date the documents were served
- The method the documents were served (e.g. first class mail, hand delivery, facsimile)
A form of certificate of service may be obtained from the Intake Counter at the Bankruptcy Court. The Intake Counter is located on the 21th floor of the Bankruptcy Court.