Rule 1007-1

DUTY TO FILE A LIST OF CREDITORS AND OTHER ENTITIES WITH THE PETITION UNDER BANKRUPTCY RULE 1007(a)(1) – Amended [August 1, 2013]

  1. Duties Generally. The list of creditors and other entities required to be filed under Bankruptcy Rule 1007(a)(1), and the creditors' matrix, shall include the full name and complete mailing address, including street number or post office box, if any, and zip code. If a debt is owed to an agency or department of the United States, the list and matrix shall include the name and address of the particular agency or department to which such debt is owed.

     

  2. Attorneys Filing Electronically.
    1. Debtor's counsel, at the time of filing the petition, shall (i) file the list of creditors and other entities required under Bankruptcy Rule 1007(a)(1), and (ii) unless a claims and noticing agent has been retained by the debtor in accordance with Local Bankruptcy Rule 5075-1, upload the creditors' matrix into the CM/ECF creditors' database. Reference should be made to Procedures for Filing Creditors' List, which shall be available on the Court’s website (http://www.nysb.uscourts.gov/content/procedures-filing-creditors-list).

       

    2. When amending a schedule to add a creditor or other entity required to be on the list filed under Bankruptcy Rule 1007(a)(1), debtor's counsel shall file the amended schedule on the docket and pay the applicable fee and, unless a claims and noticing agent has been retained by the debtor in accordance with Local Bankruptcy Rule 5075-1, upload the newly-added entity into the CM/ECF creditor database. Additionally, debtor's counsel shall serve any newly-added entity with notice of the case and file timely proof of service in accordance with Local Bankruptcy Rule 9078-1.

       

    3. When amending a schedule to modify an address, the filing of the amended schedule shall be accompanied by a letter indicating which entity is the subject of the modification and how the address has been modified

       

  3. Debtors Not Represented by an Attorney.
    1. A debtor not represented by an attorney shall, at the time of filing the petition, file a paper document setting forth, for each creditor or other entity required to be on the list filed under Bankruptcy Rule 1007(a), the full name and complete mailing address, including street number or post office box, if any, and zip code. In addition to such paper document, the debtor shall provide the list required to be filed under Bankruptcy Rule 1007(a)(1) in an electronic format (such as a USB flash drive, CD, or diskette). Reference should be made to Procedures for Filing Creditors’ List, which shall be available on the Court’s website (http://www.nysb.uscourts.gov/content/procedures-filing-creditors-list).

       

    2. When amending a schedule to add a creditor or modify a creditor's address, the filing of the amended schedule shall be accompanied by (i) a letter indicating which creditor is being added or, if modification of a creditor's address is sought, which creditor is the subject of the modification and how the address has been modified, and (ii) payment of the applicable fee. Additionally, the debtor shall serve any newly-added creditor or other entity with notice of the case and file timely proof of service in accordance with Local Bankruptcy Rule 9078-1.

       

Comment

     Filing requirements with respect to lists, statements, and schedules were governed by General Order M-192 until it was superseded by General Order M-408 in 2010.

     This rule was amended in 2013 to include the requirements established by General Order M-408, relating to the debtor's duty to file the list of creditors. The Clerk’s Office maintains a register of mailing addresses of federal and state governmental units and certain taxing authorities pursuant to Bankruptcy Rule 5003(e). The amendments in 2013 also make mandatory certain procedures which General Order M-408 indicated that the debtor or the debtor’s attorney “should” follow. Other clarifying amendments were also made to this rule. General Order M-408 was abrogated and replaced by this local rule in 2013.