Even though bankruptcy laws and rules are federal and the same everywhere in the United States, each bankruptcy district has its own local rules and local forms. Upsolve’s tool meets all federal requirements but does not yet account for the more than 90 variations due to local rules.
While we work on automating that part of the process, we’ve developed a series of location specific guides to assist you in making sure the amendment process goes smoothly. Be sure to follow the instructions in this guide carefully.
The amendment packet you generated through Upsolve includes the following:
- Amendment Coversheet with Certificate of Service
- Your amended bankruptcy forms, including signature pages and, if necessary, updated Official Form 106Sum.
Here is what you need to do to make sure you meet the requirements for the District of Idaho, where your case is pending:
Your district does not require a specific coversheet. You may use the coversheet provided by Upsolve to include an explanation of the change(s) or addition(s) you’re making.
The Local Rules require that only the updated/changed information appear on the amended form. Information that remains unchanged does not appear on amendments.
The amended form you generated using Upsolve will contain all of the information originally contained on the form in addition to the new or updated information. However, the court’s local rules indicate that an amendment “shall not include unaffected portions of the schedule or document being amended.” At this time, we’re not aware of any problems caused by this issue.
No matter which form you’re updating, make sure to send a copy of the amendment to your case trustee.
Are you amending Schedules D, E/F, G, or H or updating a creditor’s address?
The District of Idaho doesn’t have a separate notice form to send out. Just make sure to send a full copy of the amendment to the creditor(s) you’re adding or updating along with Form 309A and a copy of any “Notice of Need to File Proof of Claim due to Recovery of Assets” if the trustee has filed such a notice.
You also have to send the amendment to your case trustee.
Certificate of Service
A certificate of service is required whenever you make changes to your Creditor Matrix. Your district does not require that you file a specific form to accomplish this end. The certificate of service portion of the Upsolve coversheet may be used for this purpose.
Updating your Creditor Matrix
The District of Idaho requires that you serve a supplemental Creditor Matrix to the Court and affected creditors (providing only the newly added or updated creditor’s name and address) if you need to amend this document by adding creditors.
You can download your full matrix as a .txt. file from your my.upsolve account. The easiest way to create a supplemental matrix is by going back to the case editor and downloading your matrix as a .txt file. From there, you can easily delete all creditors except for the newly added/updated one(s).
If you are deleting creditors on your matrix, your district requires you to detail these changes in a letter to the clerk of court.
Verification of your Creditor Matrix
This is basically a signature page to add to your creditor matrix. The Upsolve generator will create this document for you in a format acceptable to the court in your district.
If you get conflicting information from your local bankruptcy court, follow their instructions. We do our best to keep these guides up to date, but your local bankruptcy court is the final authority on their process.
|Link to court website||Link to local rules||Link to court forms|