What if I forget to list something in my bankruptcy?
November 11, 2010 Leave a comment
No problem. You can amend your schedules and add or change just about anything in your bankruptcy. You are certainly not stuck with what you originally file and you can change your bankruptcy schedules at any time up until the case closes which is 90 days after you file.
In fact it is a common occurrence that attorneys file a “bare bones” bankruptcy petition. This is when a bankruptcy is filed in an emergency situation. Sometimes there is a foreclosure, lawsuit, garnishment or something else that forces a bankruptcy to be filed by a certain date. If there is not enough time to gather all of the information to fill in the bankruptcy schedules then a bare bones petition will include just the name, address, and the creditors list.
The rest of the information as to real estate, personal property, income, expenses, statement of financial affairs is added later by amendment. In this case you only have 14 days to add this stuff but in a normal amendment situation you usually have the full 90 days.
You may have a creditor that shows up after the filing. No problem. You just have your attorney amend and add the creditor. There is a small fee but the creditor can certainly be added to the case as long as it is not closed
So you see you can add or change anything in a bankruptcy so don’t worry if you forget something initially. You can change most things without too much trouble and add what you forgot.
I am a bankruptcy attorney practicing bankruptcy law in San Diego. Please visit my websites at www.farquharlaw.com or www.fresdhstartsandiego.com. Or call my office for a free consultation at (619) 702-5015. Call now for free credit report and analysis!
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