How to Amend a Bankruptcy Form

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 quickly correct your error by amending the forms. Read on to learn more about why you may need to amend a bankruptcy form and how to do it.

The Bankruptcy Paperwork

The bankruptcy process starts when a debtor files a packet of official bankruptcy forms with the clerk of the court. The primary form—the petition—is the form that initiates the case. It provides identifying information such as the debtor’s name and address and the type of bankruptcy chapter the debtor wishes to file.

But the court needs more. A debtor must disclose all financial information—such as income, assets, debts, and property transfer history—on bankruptcy forms called “schedules.” You must complete each schedule even if you don’t have any information to report. Once complete, the debtor files the schedules along with the petition.

The petition and schedules don’t make up the entire bankruptcy packet, however. Additional forms include Your Statement of Financial Affairs and Your Statement About Your Social Security Numbers. Also, depending on the particular chapter you file, you might have still others to complete. For instance, a Chapter 7 bankruptcy filer must take and pass the means test before receiving a discharge (the order that wipes out qualifying debt).

Reasons to Amend a Bankruptcy Form

Sometimes, however, you need to make a change to your paperwork after the initial filing. Below are some of the main reasons why you might need to amend your bankruptcy paperwork.

• Making a mistake. The most common reason for amending a bankruptcy form is a mistake on the set of forms initially filed with the court. Errors can range from getting an address wrong to calculating your income incorrectly. When you discover an issue in your paperwork, you should promptly amend the necessary forms to correct it.
• Omitting information. You might also need to fix your bankruptcy forms if you accidentally forgot to include information, such as a creditor or asset. It’s important to correct the error by adding the omitted information as quickly as possible.
• Changing circumstances. It’s possible to have a change in your circumstances during a bankruptcy case. For instance, you might have gotten laid off shortly after filing or moved out of a relative’s home into your own rental. You’ll want to amend the forms to reflect the change in circumstances.

How to Amend a Bankruptcy Form

Depending on where you live, each district court has its procedures for amending a bankruptcy form—and possibly a local form you’ll use, as well (often a coversheet of sorts). But the procedure should be similar. Most courts provide information for those filing without an attorney on the court’s website.

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 also to 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.