Amendments To Petition Lists Statements Schedules Form. This is a Virginia form and can be use in USBC Eastern Federal.
Tags: Amendments To Petition Lists Statements Schedules, Virginia Federal, USBC Eastern
UNITED STATES BANKRUPTCY COURT EASTERN DISTRICT OF VIRGINIA AMENDMENTS TO PETITION/LISTS/STATEMENTS/SCHEDULES Amendments may be filed at any time before the case is closed. Otherwise, the case must be reopened upon the filing of a motion, notice and after hearing and payment of the appropriate filing fee. [Local Bankruptcy Rule 5010-1 Reopening Cases] There is a $26.00 fee for filing an amendment adding or deleting creditors, changing amounts owed or classification of debt. Pursuant to Federal Rule of Bankruptcy Procedure 1009 and Local Bankruptcy Rule 1009-1, the following procedure should be used when amending the petition/lists/schedules/statements of the debtor(s): A. AMENDMENT ADDING OR DELETING CREDITORS: 1. Copy the entire schedule(s) to be amended a. Add creditor(s), answering all questions required on schedule being amended b. Debtor(s) must sign and verify amended Schedule(s): If Individual: “I certify under penalty of perjury that the foregoing is true and correct.” Date: ____________ _____________________________ Signature of Debtor(s) If Corporation/Partnership: Use Unsworn Declaration Under Penalty of Perjury on Behalf of a Corporation or PartnershipForm 2 c. File original only of amendment with Court together with the following: 2. Notice to Creditor(s) (Re Amendment) - See sample notice on reverse hereof with Certification evidencing service of the notice on the U.S. Trustee, any appointed trustee, and any and all entities affected by the amendment. (If multiple creditors being added, only one notice listing all creditors needs to be prepared.) 3. $26.00 fee if amendment adding or deleting creditors, changing amounts owed or classification of debt. Exception: Conversion of Chapter 13 to Chapter 7 – no fee due when debtor files a schedule of post-petition debts. 4. [If case filed after 1/16/90] Supplemental List of Creditors, with Cover Sheet signed by debtor(s). The supplemental list of creditors should contain only the name and address of the creditor(s) added by amendment and not included on the previously-filed list. The same preparation instructions apply. 5. Amendment Cover Sheet completed and signed by Attorney for Debtor(s), or Pro Se Debtor(s) NOTE: If the case is a CLOSED Chapter 7 No Asset case, a Certificate and Affidavit for Adding Creditors to Schedules in a Closed Case must be completed and filed. Amended schedules not required. Prior to filing of the Certificate, debtor must give notice to the added pre-petition creditor(s) giving them 30 days to respond. It is not necessary to file notice with Court. Absent any response, the Certificate should be signed and filed. B. AMENDMENT OF PETITION/LISTS/SCHEDULES/STATEMENTS OTHER THAN ADDING OR DELETING CREDITOR(S) 1. Copy the entire petition/list/statement/schedule to be amended a. Amend pleading, answering all questions required on pleading being amended b. Debtor(s) must sign and verify amended Petition/List/Statement/Schedule. See A.1.b. above. c. File original only of amended, signed Petition/List/Statement/Schedule with Court together with the following: 2. Amendment Cover Sheet completed and signed by Attorney for Debtor(s), or Pro Se Debtor(s). The Cover Sheet contains Notice of Amendment(s) to Affected Parties. [File original only] [amendins ver. 01/2007] American LegalNet, Inc. www.FormsWorkflow.com