Guidance Regarding Amendment Fees

Adding a Creditor to Schedules D – E – F:

Is there a fee for adding a creditor to schedule D?

Yes

Is there a fee for adding a creditor to schedule E?

Yes

Is there a fee for adding a creditor to schedule F?

Yes


Is there a fee for adding creditors when a case is converted from chapter 13 to chapter 7?

No fee is due when a debtor files a schedule of post-petition debts after converting from chapter 13 to chapter 7. The Federal Rules of Bankruptcy Procedure requires the supplemental filing. The Judicial Conference considers the schedule of post-petition debts a supplemental filing, in contrast to an amendment, not only because the Federal Rules require it but also because the debtor was unable to schedule these debts on the original filing. Furthermore, charging a fee may discourage the debtor from complying with the rule.


Deleting a Creditor from Schedules D - E - F:

Is there a fee for deleting a creditor from schedule D?

Yes

Is there a fee for deleting a creditor from schedule E?

Yes

Is there a fee for deleting a creditor from schedule F?

Yes


Moving a Creditor:

Is there a fee for moving a creditor from one schedule to another?

Yes. Reclassification of a creditor from one schedule to another requires a fee.


Changing an Amount:

Is there a fee for changing the amount of a debt?

Yes

Is there a fee for changing the value of security for a debt?

No


Changing a Description:

Is there a fee for changing the description for a debt? [i.e. installment loan vs miscellaneous purchases]

No.

Is there a fee for changing the description of the security for a debt? [i.e. 2 chairs instead of a sofa and a loveseat]

No.


Changing an address:

Is there a fee for changing the address for a creditor who is already listed?

No fee is due to change the address of a listed creditor.


Adding an attorney for a creditor who is already listed:

Is there a fee for adding an attorney’s name and address for a creditor who is already listed?

No fee is due to add the name and address of an attorney for a creditor already listed on the original schedules so that the attorney can receive copies of notices. The attorney is added as an agent for a creditor already included on the schedule.


Schedules G – H:

Is there a fee for adding an executory contract holder or lease holder to schedule G?

No. Schedule G is a listing of executory contract holders and lease holders, not a listing of creditors. Although these parties may also be creditors, an amendment to schedule G does not list the party as a creditor. Since the amendment fee only applies to “lists of creditors”, amendments to schedule G do not require a fee.

Is there a fee for adding a co-debtor to schedule H?

No. Schedule H is a listing of co-debtors, not a listing of creditors. Although these parties may become a creditor sometime in the future, an amendment to schedule H does not list the party as a creditor. Since the fee only applies to “lists of creditors”, amendments to schedule H do not require a fee.


Amendments to the petition page:

Is there a fee to change the address of the debtor?

No fee is due.

Is there a fee to add or change the social security number of the debtor?

No fee is due to add or change a social security number.


Miscellaneous amendment issues:

Is there a fee per item on an amendment?

No. If an amendment contains more than one change to the list of creditors, the clerk may charge only one fee.

Is there a fee for each amendment when multiple amendments are filed on the same day/time?

Yes. Each amendment requiring a fee is treated as a separate pleading when they are filed as separate documents.

Are there any circumstances when a Judge may waive an amendment fee?

Yes. The judge is permitted to waive the charge in any case for "good cause". The court may designate the factors that will be considered good cause for a waiver, but the burden must remain on the party to make a showing of good cause.  The good cause test is generally not met by a showing of ignorance of the fee requirement.

When a case is converted from chapter 13 to chapter 7, is there a fee for updating the debtor’s schedules to include post-petition debts?

No fee is due when a debtor files a schedule of post-petition debts after converting from chapter 13 to chapter 7. The Federal Rules of Bankruptcy Procedure requires the supplemental filing. The Judicial Conference considers the schedule of post-petition debts a supplemental filing, in contrast to an amendment, not only because the Federal Rules require it but also because the debtor was unable to schedule these debts on the original filing. Furthermore, charging a fee may discourage the debtor from complying with the rule.

Is there a fee for amendments to the matrix or mailing lists?

If the nature of the amendment is to change the address of a previously listed creditor or an attorney for a creditor, there is no fee required. If the amendment is to add an attorney for a previously listed creditor, there is no fee required. However, a fee is required to add the address for a new creditor.

Is there a fee for amendments adding, deleting or changing answers to the statement of financial affairs?

No.