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WALLSTREETESQ
WALLSTREETESQ, Attorney
Category: Bankruptcy Law
Satisfied Customers: 15828
Experience:  14 years exp., CH 7 AND 13 Bankruptcy cases, AFL-CIO UNION PLUS, UFT NYSID AND ALL MAJOR UNIONS
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I live in Massachusetts and have already filed a chapter 7

Customer Question

I live in Massachusetts and have already filed a chapter 7 case, and had my 341 meeting, but I have since been contacted by 3 creditors that were not listed on my original case. I want to add them to my case but am not sure how to do so. I filed my case pro se, and have talked to the Bankruptcy clerk in Boston but am confused as to how to file the appropriate documents to add these creditors to my case.
Submitted: 3 years ago.
Category: Bankruptcy Law
Expert:  WALLSTREETESQ replied 3 years ago.

WALLSTREETESQ :

Hello I am a licensed attorney here to help you with your question, please review my response and do not hesitate to ask for clarificati on

WALLSTREETESQ :

if you have not received your discharge letter, you need to file an amended schedule, adding the list of creditors, also an amended declaration, these forms are available online for free.

http://www.uscourts.gov/uscourts/RulesAndPolicies/rules/BK_Forms_1207/B_006_Declaration_1207f.pdf


http://www.uscourts.gov/FormsAndFees/Forms/BankruptcyForms.aspx

You will also have to add them to your creditors matrix as well, which will have to be through the forms provided.

If the Court clerk requests a motion to reopen the case to add the creditors, that is a complicated motion, but not too hard, the Bankruptcy court may have a library where they have the sample motion form fo you to copy.

Customer :

here is what the clerk said she needs from me

Customer :

-a verified statement or an unsworn declaration as required by Fed. R. Bankr. P. 1008 and in accordance with 28 USC 1746
-Motion to Amend Schedules
-Certificate of Service
-Declaration concerning schedules, included pages should reflect t upon the amended schedule f

WALLSTREETESQ :

These forms can be found online through the Link I provided,

WALLSTREETESQ :

The motion sample will be at the Court,

Customer :

what is the "verified statement?"

WALLSTREETESQ :

it is a simple affidavit, which means it has to be notarized,

Customer :

what is the form number for certificate of service? and motion to amend?

Customer :

and do I have to send out the certificates of service to the creditors or just included them in the envelope I send to the bankruptcy court?

WALLSTREETESQ :

you mail your amended scheduales to all creditors, and the certificate of service has to list the name and addresses of all creditors, to whom you sent the motion and amended scheduales.

Customer :

Ok, so I have to mail the amended schedule f to all of the three new creditors that I will be listing, and then fill out the certiciate of service and include that in the envelope to the US bankruptcy court where I filed?

Customer :

Do you know the form number of the certificate of service?

WALLSTREETESQ :

You have to mail the motion to ALL CREDITORS,

WALLSTREETESQ :

and the US Trustee

WALLSTREETESQ :

Certificate of Service

When you file any document in your case after the initial filing, you must serve all interested parties and attorneys in the case with a copy of your document. Service for non-emergency documents can be done by regular mail. All documents must contain some type of writing indicating that you have made the required service unless the document is only to be served upon the Case Trustee and/or the US Trustee (the Case Trustee and the US Trustee will automatically receive and electronic version of the document when it is docketed by the Court). To comply with the requirement to serve all other interested parties, a certificate of service must be included or attached to the document. The format is:

For documents other than Amended Schedules D, E and/or F Requiring Service on Parties in Addition to the Case Trustee and US Trustee

I hereby certify that on (date), the following interested parties received a copy of the (title of document) via regular mail at (list names and addresses). Sign and date the certificate of service.

For Amendments to Schedules D, E, and/or F (Omitted Creditors)

I hereby certify that on (date), the following parties received a copy of the (title of document, a copy of the first meeting notice, proof of claim form ) via regular mail at (list names and addresses of all added creditors). Sign and date the certificate of service.

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Omitted Creditors (Schedules D, E and F) (Fee required)

If you discover you have additional creditors that you did not include on your schedules you may add these creditors by amending the appropriate schedule and paying the appropriate fee. Creditors are listed on Schedule D (creditors holding secured claims), Schedule E (creditors holding unsecured priority claims) or Schedule F (unsecured creditors). Follow the steps below:

STEP ONE:

Download the appropriate schedule from the Court’s website and complete it by adding the omitted creditor(s) and adding Amended to the title. You may also hand edit a copy of the original schedule previously filed by adding the new creditors to that sheet, clearly identifying the changes by inserting *** or “amended” to show the changes, and signing at the bottom. It is important that the nature of the change be clear. All amended schedules must be signed by the Debtor(s).

STEP TWO

Next, you must also complete an updated matrix on disk/CD if there are more than one or two creditors, listing only the additional creditors.

STEP THREE

Serve the added creditors by mail with the amended document, together with a copy of the original Section 341 notice and, if an asset Chapter 7 or any Chapter 13 case, also a proof of claim form. This gives the added creditors notice of your bankruptcy and alerts them that they have been added to your case. Added creditors receive 60 days to file any complaint objecting to discharge and/or a proof of claim in an asset case, if they desire.

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Amended Schedules Other than D, E or F

If you find you need to amend any other schedules in your case, you may take your original schedule and add the changes, making sure that any change is marked by **** or some means that will make clear to all parties exactly what is being changed, or you may download the appropriate schedule, mark it Amended at the top and list the changes. All amended schedules must be signed by the Debtor(s).

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Customer :

is the motion and the verified statement the same thing?

WALLSTREETESQ :

http://www.rib.uscourts.gov/Pro%20Se/MiscPleadings/miscPleadings.htm#certservice

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