Hello I am a licensed attorney here to help you with your question, please review my response and do not hesitate to ask for clarification.
You will first need to send to the court, an originally signed amendment, the Amendments Cover Sheet and Certificate of Service, a copy of the mailing matrix and Verification of Creditor Matrix , and a check or money order for the $26.00 amendment fee.
In the Southern district, you have to add the cover sheet, amended schedule f, amended summary, and creditor matrix, all with the word "AMENDED" on top to the Court.
The Certificate of service must show the amended schedule f and matrix, and must be mailed to the creditors.
An Amended Summary of Schedules (with Statistical Summary of Certain Liabilities for cases filed on or after 10/01/06) is required if amounts change.
Form B6 (Declaration Concerning Debtor's Schedules) signed by debtor(s) is required when filing any Amendment to Debtor’s Schedules.
Also, if a 341 notice was already sent to previous creditors,
a copy should be sent to the new creditors.
The certificate of service can be found in the Bankruptcy Court clerks office, it is basically an affidavit stating what you mailed and to whome, the full address should be listed of the creditors.
Thanks. Just need clarification on two points.
1. you wrote "The Certificate of service must show the amended schedule f and matrix, and must be mailed to the creditors.". Do you mean by this that I need to send the full (amended) schedule F togethere with the full (amended) Matrix to each creditor?
2. You wrote - "if a 341 notice was already sent to previous creditors" A 341 notice has been sent out and the 1st creditors meeting has already been held. If I need to send one, where do I get hold of it? I don't think I myself recieved one.
In terms of #1:the full amended Schedule F must be sent with the creditors matrix.
#2. If the 341 was already had than you no longer have to file it, the creditors will know that they can file a proof of claim if necessary.
a 341 is the notice of the creditors meeting, so the matter is moot.
ok. So the new creditors will be getting a full Schedule F, and a Matrix. (No other form stating that the bankrupcty is in progress etc?). Thanks
Yes, however, you should call the Southern district court clerks office, as in NY they do require the files to be saved on a cd in pdf format.
1) I called the Southern District Office, though not being very informative, they did say that I need to serve each new creditor with a notice of the action. Can you confirm again that this means a full schedule F? (I am not sure how merely serving a schedule F will do it, it does not contain Court information, trustee information etc. Wouldn't it make more sense to just create a notice based on the 341 documents format and serve them with that? Including date of filing, trustee, court, etc?)
2) I am filing a change of address, do I need an affidavit of service for each creditor (40 creditors) or can I modify the standard one and make 1 affidavit listing all the creditors and their address in a number of pages and then signed in the end by the guy serving it?
Filed chapter 7 (non asset), with attorney six months ago, creditors meeting has taken place. Trustee just filed for six month extension (granted by Court). Cannot afford lawyer at this point to do the work and am now Pro Se.
My ex lawyer did not list about 19 creditors, (around $260,000), original creditors around ($630,000). I plan to add these creditors to my schedule F.
Additionally he did not list a joint apartment (in foreclosure, overseas). This apartment is being contested in matrimonial action by wife as to my share. I need to add this to appropriate scheduled. (A,D,H, Statement of intent., Summary of schedules) as well as unliquidated, contested claim in matrimonial action for equitable distribution on value of my wife's medical license (I was stay at home dad) to Schedule B.
Due to the number of amendments, besides making amendments is there another procedure/option: eg; withdraw petition and refile it? or just go ahead and file all the amendments in one fell swoop? (Or seperate the steps between the apartment and creditors)
(will add bonus for this question)
I cannot wait six months. I am being litigated against in a number of jurisdictions, besides it will make things much more complex for me in matrimonial action, so need the protection. Is there a downside to making the amendments as proposed?
Thanks. I thinkI have figured out and preapared all the relevant documents.
I found the pertaining general order for Southern District (M-408)
"In addition, the debtor must serve any newly-added creditor with notice of the case and must file an affidavit of service after such service has been made ".
I assume they mean what you mentioned, doc 341 (I just found mine through pacer), although that will also be misleading because the creditors meeting has passed.
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