The United States Bankruptcy Court, with the valuable assistance of the Attorney Advisory Committee chaired by Chief Judge Frank J. Bailey and Judge Melvin S. Hoffman, has drafted new and proposed amendments to the Massachusetts Local Bankruptcy Rules (PDF Version).
PROPOSED NEW AND AMENDED LOCAL RULES
RULE 1009-1. AMENDMENTS
(a) A party filing a document amending a voluntary petition, list, schedule, statement of financial affairs, statement of intention or statement of current monthly income shall do so by notice as set forth in Fed. R. Bankr. P. 1009(a), except with respect to the following in an individual debtor’s case:
(1) amendment to add a creditor or to change a creditor’s address; or
(2) amendment to the schedule of exemptions after the deadline for objecting to the exemptions.
(b) If either exception set forth in subsection (a) applies, the debtor shall file a motion to amend seeking approval of the amendment.
(c) The following documents, to the extent applicable, shall be filed along with the documents required in subsections (a) and (b):
(1) the amended voluntary petition, list, schedule, statement of financial affairs, statement of intention, or statement of current monthly income, which shall clearly state in the caption that the document is “amended”;
(2) Official Form B6 -Declaration Concerning Debtor’s Schedules;
(3) an amended summary of schedules; and
(4) a certificate of service of notice to all parties in interest, including persons affected by the amendment.
(d) If the debtor is adding a creditor or is changing an existing creditor’s address on the mailing matrix, the motion to amend or notice shall include a separate list of the names and addresses of only the added creditors in compliance with MLBR Official Local Form 1.
