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Southern District of NY. I am making amendments to my Schedule

Southern District of NY. I am...
Southern District of NY.

I am making amendments to my Schedule F, adding a number of creditors. My understanding is that I need to serve each one of the new creditors that I am adding with a notice.

I am unsure what that document is exactly I need to serve them with. Is it the full Schedule F?

In the original filing (which was done with a lawyer, I am now Pro Se) the Bankruptcy Court sent out the notices. I assume they don't do that for amendments?

Also please confirm that the documents that I need to file with the Court are:

1. Amendment Cover Sheet
2. Schedule F
3. Summary of Schedules
4. Mailing Matrix.
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Answered in 8 hours by:
2/4/2011
WALLSTREETESQ
WALLSTREETESQ, Attorney
Category: Bankruptcy Law
Satisfied Customers: 17,253
Experience: 14 years exp., CH 7 AND 13 Bankruptcy cases, AFL-CIO UNION PLUS, UFT NYSID AND ALL MAJOR UNIONS
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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 :

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.

WALLSTREETESQ :

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.

WALLSTREETESQ :

The Certificate of service must show the amended schedule f and matrix, and must be mailed to the creditors.

WALLSTREETESQ :


  • 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.



WALLSTREETESQ :

Also, if a 341 notice was already sent to previous creditors,

WALLSTREETESQ :

a copy should be sent to the new creditors.

WALLSTREETESQ :

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.

Customer :

Thanks. Just need clarification on two points.

Customer :

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?

Customer :

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.

WALLSTREETESQ :

In terms of #1:the full amended Schedule F must be sent with the creditors matrix.

WALLSTREETESQ :

#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.

WALLSTREETESQ :

a 341 is the notice of the creditors meeting, so the matter is moot.

Customer :

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

WALLSTREETESQ :

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.

Customer :

ok Thanks.

WALLSTREETESQ
WALLSTREETESQ, Attorney
Category: Bankruptcy Law
Satisfied Customers: 17,253
Experience: 14 years exp., CH 7 AND 13 Bankruptcy cases, AFL-CIO UNION PLUS, UFT NYSID AND ALL MAJOR UNIONS
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Customer reply replied 6 years ago

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?

 

 

They should not have states notice of action, but that would mean a copy of the 341 notice that was sent to you, that would list the court information and your court index number which is what they will need.

You will need one affidavit of service, but on the document you have to include the addresses of all the creditors addresses.

You should go to the bankruptcy court clerks office and ask for a copy of the 341 notice, and they will give it to you.

WALLSTREETESQ
WALLSTREETESQ, Attorney
Category: Bankruptcy Law
Satisfied Customers: 17,253
Experience: 14 years exp., CH 7 AND 13 Bankruptcy cases, AFL-CIO UNION PLUS, UFT NYSID AND ALL MAJOR UNIONS
Verified
WALLSTREETESQ and 87 other Bankruptcy Law Specialists are ready to help you
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Customer reply replied 6 years ago

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.

 

 

Question:

 

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 do not know how your attorney missed these, but it is easier for you to have the case dismissed and refile in six months, you would have to file a motion to dimiss, however the trustee may object to having the case dismissed, but that usually is not the case with a no asset filing.

After 6 months you should be abel to refile, and include all the creditors, by doing this the way you are, you risk missing a creditor and one stating they were not served, and then you could owe their debt.
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Customer reply replied 6 years ago

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?

The only downside, is that you miss a creditor, or one claims they did not get notice, and then their debt would be still valid. If you can manage the amendments yourself, it really is not hard to do, I would spend one day at the Court Clerk's office and have the clerk check all your documents and use the sample forms to make sure you are doing it correctly.
WALLSTREETESQ
WALLSTREETESQ, Attorney
Category: Bankruptcy Law
Satisfied Customers: 17,253
Experience: 14 years exp., CH 7 AND 13 Bankruptcy cases, AFL-CIO UNION PLUS, UFT NYSID AND ALL MAJOR UNIONS
Verified
WALLSTREETESQ and 87 other Bankruptcy Law Specialists are ready to help you
Ask your own question now
Another option is to have a pro se bankruptcy attorney help you as well, the clerks office and the local county bar association sould have someone to help you as well.

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Customer reply replied 6 years ago

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.

 

Yes, but the 341 notice, doe have all your case information, and once a creditor receives the letter, than can still file a proof of claim, or file a motion to object if they wish.
WALLSTREETESQ
WALLSTREETESQ, Attorney
Category: Bankruptcy Law
Satisfied Customers: 17,253
Experience: 14 years exp., CH 7 AND 13 Bankruptcy cases, AFL-CIO UNION PLUS, UFT NYSID AND ALL MAJOR UNIONS
Verified
WALLSTREETESQ and 87 other Bankruptcy Law Specialists are ready to help you
Ask your own question now
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WALLSTREETESQ
WALLSTREETESQ
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Category: Bankruptcy Law
Satisfied Customers: 17,253
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Experience: 14 years exp., CH 7 AND 13 Bankruptcy cases, AFL-CIO UNION PLUS, UFT NYSID AND ALL MAJOR UNIONS

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