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Can I Amend My Bankruptcy Documents?

Everyone makes mistakes. Bankruptcy debtors make mistakes on their schedules, statement of financial affairs, even their petition. To reverse a mistake, bankruptcy debtors may correct, or amend these errors with the appropriate revisions, additions or deletions. The attorneys at Loan Lawyers can help ensure that all of the information contained in a bankruptcy debtor's schedules and statements is true and accurate for filing . . . the first time.

The Bankruptcy Rules of Procedure in Rule 1009 grant debtors the general right to amend "a voluntary petition, list, schedule, or statement . . . as a matter of course at any time before the case is closed." A debtor is not the only entity that may seek to amend bankruptcy documents. On motion of a party in interest, after notice and a hearing, a bankruptcy court may order any voluntary petition, list, schedule, or statement to be amended.

A debtor must give notice of the amendment to the trustee and any entity affected by the amendment. Thus, for example, if the debtor is changing the classification of debt A from secured to unsecured, and consequently moving it from Schedule D to Schedule F, it must provide notice to the creditor of debt A.

Because a bankruptcy debtor declares under penalty of perjury that all of the contents of any filed bankruptcy schedules, statements, etc. are true and correct by signing a declaration, for any amendments, a new declaration must be completed and filed.  

In Chapter 7 cases, a debtor must amend a statement of intention as to personal property that is the subject of a security interest not later than 45 days after the first meeting of creditors (§ 341 meeting). Otherwise, the debtor may not reverse a prior intention and must reaffirm, redeem, or relinquish the personal property as originally stated.

Some amendments require the payment of a fee. Typically, any amendments to a creditor's mailing matrix (master mailing list) will require a fee. A qualified bankruptcy attorney may provide useful assistance in this situation.

At Loan Lawyers, our South Florida consumer rights and debt defense attorneys help individuals with problems related to the payment of their debts. The experienced South Florida defense attorneys at Loan Lawyers are here to help you if your financial position necessitates the consideration of a bankruptcy case filing under Chapter 7, 11, or 13. To schedule a free consultation at any of our three conveniently located offices, contact Loan Lawyers today by calling (888) FIGHT-13 (344-4813).
Categories: Bankruptcy
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  • Florida Trend's - Florida Legal Elite 2014
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