How to Amend a Bankruptcy Form

Amending a bankruptcy form is usually an easy process. Here's how to do it.

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No matter how careful you are when completing your bankruptcy forms, mistakes can still happen.  If you made a mistake or forgot to include something when you initially filed, you can easily correct your mistake by amending the forms.  Read on to learn more about why you may need to amend a bankruptcy form and how to do it.

Reasons to Amend a Bankruptcy Form

Below are some of the main reasons why you may need to amend your bankruptcy paperwork.

You Made a Mistake

The most common reason for amending a bankruptcy form is a mistake on the one originally filed with the court.  Mistakes can range from getting an address wrong to calculating your income incorrectly.  When you discover a mistake in your bankruptcy you should promptly amend the necessary forms to correct it.

Omitted Information

You may also need to amend your bankruptcy forms if you accidentally forgot to include certain information.  Generally, the most common examples are omitted creditors or assets.  If anything was left out, you can amend your paperwork to add the omitted information.

Change in Circumstances

It’s possible to have a change in your circumstances during bankruptcy. For example, you may have gotten laid off shortly after filing.  If your circumstances have changed, you should amend the original forms to reflect the change.

How Do You Amend a Bankruptcy Form?

Depending on where you live, each district court has its own forms and procedures for amending a bankruptcy form.  But the procedures are generally similar.

Find the Necessary Forms and Procedures

You can usually go on your local bankruptcy court’s website to find the forms and procedures on how to amend your bankruptcy papers.  Alternatively, you can find this information at the courthouse. 

The necessary forms will normally include a blank version of the specific form you wish to amend, an amendment cover sheet form, and possibly an additional notice form if you are adding more creditors.

Complete the Forms With the Correct Information

Follow the instructions in the local rules or on the forms to fill them out correctly.  If there was a mistake on the original form filed with the court, fill in the corrected information on the new blank form.  If something was omitted, include it in the new form. 

Certain districts will ask you to include and submit only the information being amended. But others may require that you fill in the other unchanged information as it was on the original form.  Also, most districts will require you to write “amended” on the new forms and may ask you to also specify whether you are adding, deleting, or correcting information.

File the Amended Forms and Serve Them

After completing all the necessary forms, you need to file them with the court.  The local rules and procedures will have information on how to do this.  The court clerk can also assist you and let you know if anything is missing.  Most amendments are free but if you are adding new creditors you may need to pay an additional fee. In addition to filing the forms with the court, you will need to serve them (send a copy to) on the bankruptcy trustee and the affected creditors.

To learn what forms you need to file for bankruptcy and how to fill them out, see Completing the Bankruptcy Forms.

by: , Attorney

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