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.