To minimize confusion and ensure compliance with applicable rules, the Clerk’s Office has published new attorney filing guidance for Adding and Modifying Creditors in bankruptcy cases. In summary, this filing guidance includes:

• At Case Opening. All creditors should be listed in Schedules D and E/F when the bankruptcy case commences or within 14 days after the petition is filed. See Fed. R. Bankr. P. 1007.  Under Local Rule 1007-2(a), a debtor must also file a creditor matrix with the petition. The text-only creditor matrix is used to generate the mailing matrix that automates the process of notifying creditors and interested parties about developments in the case.  Note: Including a PDF copy of the list of creditors with the petition at case opening does NOT satisfy the requirement to upload the text-only creditor matrix which generates the mailing matrix.
   
• Amendments. If a creditor was not included in the originally filed Schedules D and E/F, the debtor must: (1) file amended schedules in compliance with Local Rule 1009-1, ensuring that all changes are clearly identified by underlining additions and lining out deletions or by submitting Local Form 1009-1 with the amended documents; (2) pay the appropriate fee; and (3) update the creditor matrix. The Amended Schedule(s) event will now allow a filer to provide amended schedules, pay the appropriate fee, and update the creditor matrix all at the same time. Filers are responsible for:
  
  1. Verifying that all creditors listed in the Amended Schedules are also included in the Creditor Matrix (also referred to as the List of Creditors) in CM/ECF; and
  2. Ensuring proper notice to any newly added creditors.

• After Case Closing. Under Fed. R. Bankr. P. 1009, schedules may only be amended in open cases. Accordingly, debtors may not add a creditor to a closed case and must file a motion to reopen the case and have the motion granted to add a creditor to the case. If the motion to reopen is granted, a debtor may add a creditor by amending the schedules, paying the fee, and updating the creditor matrix using the Amended Schedules event.

• Links to fees for Motion to Reopen or Amended Schedules

Any questions related to the procedures for adding or modifying creditors in a Minnesota Bankruptcy case can be directed to the Help Desk at HelpDesk@mnb.uscourts.gov.