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cfortunato
cfortunato, Attorney
Category: Bankruptcy Law
Satisfied Customers: 8023
Experience:  Bankruptcy professor.
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I live in Western New York State and have filed chapter 7 bankruptcy

Resolved Question:

I live in Western New York State and have filed chapter 7 bankruptcy "pro se" and I made an amendment 2 sections B,C by adding a possible asset. I was recently informed that I have to mail a copy of the amendment to all of my creditors and then send in a certificate of service. Do I actually have to mail all of my creditors a copy of my amended B and C?? Or can I simply notify them by letter that a possible asset was added. By the way the asset is a lawsuit that was filed in June and may take a very long time, I didn't originally claim it as an asset cause I am a long way from winning and no dollar amount was named in the lawsuit.
Submitted: 5 years ago.
Category: Bankruptcy Law
Expert:  cfortunato replied 5 years ago.
Hi JACustomer,
Who told you that you have to send a copy of your Amended Schedules B and C to all your creditors?
Customer: replied 5 years ago.
Another guy last week on "just answer" Once I realized that it didn't sound right I asked it again.
Expert:  cfortunato replied 5 years ago.

When a debtor amends Schedules, copies of those amended Schedules only have to be sent to any creditors that will be directly affected by the amendments that are made - not to all creditors. Fed. Rules of Bankruptcy Proc. 1008.

If you are adding assets to your schedules, this will not directly affect your creditors, so you do not have to send the amended Schedules to your creditors. (Creditors do not receive any Schedules when a case is filed, so there is no reason to send them amended Schedules.)

You only have to send copies to the US Trustee, the Bankruptcy Trustee, and then file the copies with the Bankruptcy court clerk.

 

I think this is what you wanted to know. If not, please let me know.
Thank you!

 

Expert:  cfortunato replied 5 years ago.
The other expert might not have realized you were only amending your Schedules by adding an asset.
Customer: replied 5 years ago.
But I have already filed the ammendment with the federal office in Buffalo. I live 2 hourse away so I go to court in a smaller town here. I recieved a deficiency notice from Buffalo aftarwards stating that they need my "certificate of service" which I found online. So I just need to send a copies of my ammendment to the trustee and US trustee, then send the certificate of service back to Buffalo?
Expert:  cfortunato replied 5 years ago.

Some courts want a certificate of service and some do not. If your court wants the certificate of service, you also have to file that.

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