NOTICE OF AMENDMENT OF SCHEDULES IN CHAPTER 11 CASES

            Whenever the debtor or trustee in a chapter 11 case amends the debtor's schedules to change the amount, nature, classification or characterization of a debt owing to a creditor, the debtor or trustee promptly must transmit notice of the amendment to the creditor.

Comment

            This rule is derived from Former Local Bankruptcy Rule 53.

            Bankruptcy Rule 1009(a) states that notice of an amendment to the debtor’s schedules “shall” be given to the trustee “and to any entity affected thereby.” Local Bankruptcy Rule 1009-1 makes clear that any change in the amount, nature, classification or characterization of a debt is a change for which notice is required.

            The term “characterization,” as used in this rule, includes a description of whether the debt is disputed or undisputed, fixed or contingent, and liquidated or unliquidated.

            Amendments to schedules also must comply with the provisions of Local Bankruptcy Rule 1007-1(b)(2) and (c)(2).