AMENDMENTS OF VOLUNTARY PETITIONS, LISTS, SCHEDULES AND
U.S. Bankruptcy Court for the Northern District of Florida
Text
STATEMENTS (A) Format for Amendments to Voluntary Petitions, Lists, Schedules and Statements. The debtor may amend a Voluntary Petition, Lists, Schedules, and Statement of Financial Affairs by filing the original amended document with the Clerk. Amendments must contain a caption which includes the case number, case name and the title of the document. The amendment must be executed and acknowledged by the debtor and attorney of record, if any, in the same manner that the item being amended was originally executed.
Amended schedules should be filed as complete versions of the schedules as opposed to merely identifying changes. Any changes, additions, or deletions must be clearly indicated, whether by separate notice or otherwise. Personally identifying information is to be redacted in accordance with Bankruptcy Rule 9037. (B) Service of Amendments.
The debtor shall serve a copy of the amendment to any person or entity affected thereby, the case trustee, and to the United States trustee’s office, and shall file a proof of service in accordance with the provisions of these rules. (C) Service of Documents to Added Creditors. If the debtor files an amendment to add previously unscheduled creditors, the debtor shall serve the newly added creditors with a copy of the most recent Notice of Bankruptcy Case (“341 Notice”) 7 issued by the Clerk, the Notice of Deadline to File Proof of Claim, if any, and in Chapter 11, 12, and 13 cases, a copy of the most recently filed plan and the Order Confirming Plan, if one has been entered. The Debtor shall file a proof of service with appropriate redactions of personally identifying information in accordance with the provisions of Bankruptcy Rule 9037.
(D) Amendments to Social Security or Taxpayer Identification Numbers. An amended social security number statement, applicable form available online, should be filed to correct a previously filed social security or individual taxpayer identification number. The amended social security number statement must be served in accordance with Bankruptcy Rule 1009(c), and a certificate of service must be filed separately. Advisory Committee Notes 2023 Amendment The amended rule includes both substantive and stylistic changes.
The rule has been amended to improve the readability of various sections and to provide more detailed guidance regarding service requirements when adding new creditors to the case. Other stylistic changes refer to applicable forms and the Local Rules Links page that provides links to various Official Forms and Local Forms. At the time of this amendment, the applicable form was Official Form 121 (Statement About Your Social Security Numbers). 2020 Amendment The amended rule only includes stylistic, non-substantive changes.
The format of subdivisions is changed to maintain a consistent style across all rules. Subdivisions (D) and (E) are amended to maintain a consistent style for references to the court’s website. The notes following the rule are amended to improve readability. 8 RULE 1014-1 CHANGE OF DIVISION WITHIN THIS DISTRICT (A) Divisions.
This district has four (4) divisions as follows: (1) Pensacola Division shall be composed of the following counties: Escambia, Santa Rosa, Okaloosa and Walton. (2) Panama City shall be composed of the following counties: Jackson, Holmes, Washington, Bay, Calhoun, and Gulf. (3) Tallahassee Division shall be composed of the following counties: Leon, Gadsden, Liberty, Franklin, Wakulla, Jefferson, Taylor, and Madison. (4) Gainesville Division shall be composed of the following counties: Alachua, Lafayette, Dixie, Gilchrist, and Levy.
(B) Commencement of a Case. Cases shall be commenced in any Division in which the domicile, residence, principal place of business, or principal assets of the person or entity that is the subject of such case have been located for the 180 days immediately preceding such commencement, or for a longer portion of the 180 day period that the domicile, residence, principal place of business or principal assets of such person were located in any other Division; or in which there is pending a case under the Bankruptcy Code concerning such person’s affiliate. (C) Improperly Filed Cases. If a case is filed in a Division other than as provided for in paragraph (B) above, the Court on its own, or on motion of any interested party, may order that the case be transferred to the proper Division.
The attorney for the debtor, or Clerk of Court if the debtor is self-represented, shall provide notice to all parties of record of the transfer if the case was filed other than as provided for in paragraph (B) above. (D) Cases Transferred Within This District. A party that wishes a case to be transferred to a different Division within this district shall file a motion with, or within twenty-one (21) days of, the initial filing. A case will not be transferred absent a court order.
The moving party, or Clerk of Court if the moving party is self-represented, shall provide notice to all parties of record of the transfer if the motion is granted by the court. 9 (E) Cases Transferred to This District. Cases or proceedings transferred to this District from another District shall be assigned to a Division in the following manner: (1) If the debtor is an individual, to the Division where any debtor lives, as opposed to the debtor’s mailing address, according to the petition; or (2) If the debtor is a non-individual, to the division that the petition indicates is the location of the debtor’s principal assets, if different from its principal place of business. Advisory Committee Notes 2023 No changes were made to this Local Rule in the 2023 revision cycle.
2020 Amendment The amended rule includes both stylistic and substantive changes. The format of subdivisions is changed to maintain a consistent style across all rules. Rather than incorporating the applicable district rule by reference, as did the old rule, the amended rule creates a self-contained parallel of the district rule, altered as appropriate to a bankruptcy case under the standards of 28 U.S.C. § 1408. Subdivision (E) is amended to remove quoted descriptions of the living address and location of principal assets, which appear to have been consistent with prior forms.
The revised language is consistent with current forms but is written without quotation in the event such forms change.