Dear Upsolver!
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 Oregon, where your case is pending:
Coversheet
As your district does not require a specific coversheet, you may use the coversheet provided by Upsolve. If you’re amending Schedules D, E/F, G, or H, you have to include this Notice of Amendment to Mailing List or Schedules D, E/F, G or H.
Notice Requirements
No matter which form you’re updating, make sure to send a copy of the amendment to your case trustee along with this Notice of Amendment to Mailing List or Schedules D, E/F, G or H.
Are you amending Schedules D, E/F, G, or H or updating a creditor’s address?
You have to send this Notice of Amendment to Mailing List or Schedules D, E/F, G or H along with your amendment packet to the creditor(s) you’re adding or updating. Additionally, you have to
- include a copy of Form 309A showing your full social security number
- if the trustee has filed a Notice of Need to File Proof of Claim, include a copy of the notice
- if the deadline to object to a discharge has expired, you have to create and include a notice to the creditor that adding the creditor may not result in a discharge
Certificate of Service
There is no special form to use for this. The certificate of service portion of the Upsolve coversheet may be used for this purpose.
Updating your Creditor Matrix
If you’re adding creditors, make sure to submit a supplemental creditor matrix showing only the newly added creditors. Detailed instructions can be found here. You can use the court’s contact form to add creditors by choosing the “creditor mailing list submissions” from the drop down menu on this page.
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).
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.
Link to court website | Link to local rules | Link to local forms |
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.
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