Can I Amend My Bankruptcy Documents?

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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.

Schedule a free consultation with our bankruptcy attorneys in Fort Lauderdale.

Contact Loan Lawyers today by calling 954-523-HELP (4357).