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In a NutshellIf you make a mistake or accidentally leave information out of your bankruptcy forms, you can almost always amend them after you file. The trustee in your bankruptcy case may also ask you to file an amendment after meeting with you in your 341 meeting. Be sure to fill out the amended forms carefully with the correct information and follow any local court rules to submit the amended forms. Most amended forms don't require a filing fee.
You can almost always amend your bankruptcy forms after filing your case. The most common scenarios for when you would do so are when adding information you accidentally forgot or fixing a mistake you discovered after filing. Amending bankruptcy forms is generally straightforward. Knowing how the process works can help you update your bankruptcy paperwork with the least disruption to your case.
Many bankruptcy forms are required to file a bankruptcy case. Some of these forms are complex or can be confusing. It’s not uncommon for people to make mistakes or omissions on their bankruptcy paperwork when they first file their case. There are times when it’s necessary to update (amend) the forms.
You must file an amendment when:
Your bankruptcy forms include a voluntary petition, schedules, and statements. You must submit the required forms to the bankruptcy court when you file for bankruptcy protection. The bankruptcy petition is the official form that identifies you and asks the court for relief under the bankruptcy code. The schedules include information about your assets, debts, creditors, income, expenses, and other financial details. There are different forms necessary when filing Chapter 7 or Chapter 13 bankruptcy but many of the schedules are the same.
When you file your bankruptcy case you are declaring, under penalty of perjury, that all the information in your bankruptcy petition and schedules is true and correct to the best of your knowledge. If you notice something is incorrect or missing, you need to file amended schedules.
There can be consequences for intentionally filing incorrect paperwork, so it is always in your best interest to fully disclose all of your information to the best of your knowledge. It is very important to always fix any mistakes. If you don’t correct errors, the bankruptcy court may assume that you’re purposefully trying to hide information. Whereas filing amended forms show the court that you’re doing all you can to be honest and truthful.
Common mistakes that require an amendment to your bankruptcy form includes mistakes in your contact information or mistakes in the amount of your debts or to whom you owe. Common omissions include not adding all debts and liabilities, such as forgetting to include a creditor who is family or a friend or not adding a creditor who buys a debt, such as a collection agency. Changes in circumstance that warrant amended forms are major changes in your life or financial circumstances, such as a change of address or receiving a financial windfall, such as an inheritance.
There are a number of mistakes, omissions, or changes in circumstance that will warrant amending your bankruptcy forms. When in doubt, you can ask your bankruptcy attorney or contact the trustee administering your case.
In rare situations, the bankruptcy trustee assigned to administer your case may ask you to file an amendment to your bankruptcy schedules. Usually this would happen because of something that comes up during the 341 meeting of creditors, which is the bankruptcy hearing that all filers must attend.
The trustee will ask if anything has changed since you filed your case. If any changes are significant, the trustee will ask you to file an amendment to your paperwork. Also, the trustee may ask a question that prompts you to remember information that you didn’t include in your paperwork. In these instances, if the omission is significant, the trustee will ask you to file an amendment in your case.
Generally, being asked to file an amendment by the trustee is not a big deal or a signal that something is going wrong in your bankruptcy case. The most important thing is to follow through and file any amendments or additional paperwork the trustee requires.