Amending a Voluntary Petition, List, Schedule, or Statement.

U.S. Bankruptcy Court for the Northern District of Mississippi

Rule Set: Local Bankruptcy Rules of the U.S. Bankruptcy Court for the Northern District of Mississippi

Rule: 1009-1

Jurisdiction: NDMSB

Bluebook Citation: Bankr. N.D. Miss. R. 1009-1

(a) In General. (1) By a Debtor. If at any time after the clerk 2 issues notice of the meeting of creditors under section 341 in a case under any chapter under title 11, the debtor amends Schedule D, E or F and/or the creditor matrix to add any creditors, the following procedures shall apply: 2 “Clerk” means the United States Bankruptcy Clerk for the appropriate district. Joint Uniform Local Bankruptcy Rules – Northern and Southern Districts of Mississippi -12- (A) The debtor shall pay the prescribed filing fee; (B) The debtor shall serve upon such additional creditors by first class mail: (i) A copy of the first notice of meeting of creditors under section 341 with the debtor’s full social security account number shown thereon; (ii) A notice informing the creditors that they have 60 days within which to file a complaint objecting to discharge under section 727 or section 1141 or to the dischargeability of any debt under section 523(c); to file a motion objecting to discharge under section 727 or section 1328; or to file a motion to seek an extension of time for filing a complaint or motion objecting to discharge, unless a longer period of time is provided by Fed. R. Bankr. P. 4004, 4007 or 9006; (iii) A notice informing the creditors that they have 21 days to request the United States Trustee 3 to schedule an adjourned section 341 meeting of creditors; and (iv) Notice of Additional Time to File Proof of Claim.

(a) In a case filed under Chapter 7, 12 or 13, the debtor shall serve upon such additional creditors by first class mail a notice informing the creditors of the creditor’s right to file a proof of claim within 70 days from the date of the notice. (b) In a case filed under Chapter 11, the debtor shall serve upon such additional creditors by first class mail a notice informing the creditors of the creditor’s right to file a proof of claim by the bar date provided on the meeting of creditor’s notice or 30 days from the date of the notice, whichever is later. (C) The debtor shall file a certificate of service with the clerk and provide an amended creditor matrix to the clerk in such format as the clerk’s office may direct. (2) Applicability of Rule 3003-1(c)(3)(ii).

Rule 3003-1(c)(3)(ii) shall apply if the debtor or trustee in a chapter 11 case amends schedules to change the amount, nature, classification, or characterization of a debt after a bar date for the filing of proofs of claim has been set. 3 “United States Trustee” means the appropriate person within the Office of the United States Trustee. Joint Uniform Local Bankruptcy Rules – Northern and Southern Districts of Mississippi -13- Rule 1015-1. Consolidating or Jointly Administering Cases Pending in the Same District.

(b) Jointly Administering Cases Involving Related Debtors; Exemption of Spouses; Protective Orders to Avoid Conflicts of Interest. A party in interest may file a motion seeking an order of joint administration after notice and opportunity for hearing, upon the filing of a motion for joint administration pursuant to Fed. R. Bankr. P. 1015, supported by an affidavit, declaration or verification, which establishes that the joint administration of two or more cases pending in the court under title 11 is warranted and will ease the administrative burden for the court and the parties. An order of joint administration entered in accordance with this local rule may be reconsidered upon motion of any party in interest at any time. An order of joint administration under this local rule is for procedural purposes only and shall not cause a substantive consolidation of the respective debtors’ estates.

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