LEGAL BLOG

I made a mistake on my bankruptcy filing. How can I amend my case?

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Bankruptcy requires that you do provide information that is required to be complete, accurate, and truthful for the bankruptcy to result in a discharge. 11 U.S.C. 527(a)(1)(A). I think this is the most important notice in bankruptcy. In essence, bankruptcy works for the honest but unfortunate debtor, and it does not work for the dishonest debtor.
 
In all cases, you should do you absolute best in being thorough with your bankruptcy documents when you sign them.
 
But what if you make a mistake?
 
The bankruptcy code knows this is a possibility, and allows you to amend your case liberally to make sure the petition is completely accurate.

How does this work?
 
If you forgot to list a creditor, you can amend your bankruptcy to list the creditor, but you should do so immediately upon discovering the omission.
 
If you failed to list an asset, you can amend your bankruptcy to list the asset, but you should do so immediately upon discovering the omission. In all cases, you should notify your attorney and take steps to address this prior to your meeting of creditors.
 
If your budget was incorrect, you can amend your bankruptcy to fix the error, but you should do so immediately upon discovering the error.
 
If you failed to list something on the statement of financial affairs, you can amend your bankruptcy to fix the error, but you should do so immediately upon discovering the error.
 
Be thoughtful and thorough in preparation of your case.
 
Although honest errors, in most cases, can be repaired, dishonesty omissions often times cannot.

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