Amending Bankruptcy Filings
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What Is a Bankruptcy Filing?
Filing for allows a person bankruptcy to discharge money they can't otherwise pay back. There are different types of bankruptcy filings. The most common include:
- Chapter 7 – debtors sell their non-exempt assets to pay off creditors
- Chapter 11 – debtors are corporations or wealthy individuals
- Chapter 12 – debtors are farmers or professional fishermen
- Chapter 13 – debtors are required to repay creditors back over a three to five year period
Can I Amend My Bankruptcy Filings?
Yes, amendments can be made to your filings. Usually, a person filing for bankruptcy needs to list all of their creditors. Creditors must temporarily stop all collection actions once they have notice about your bankruptcy.
It is possible to forget about some debts, and accidently omit them from the original bankruptcy filing. This usually leaves the creditor without notice of the existence of the bankruptcy. Because this is a possibility, debtors are allowed to amend their bankruptcy filings.
When Should I Amend My Bankruptcy Filing?
Typically, amendments can be done at any time during the case, as long as they are timely. But, keep in mind that any amended bankruptcy filings usually take a few weeks for creditors to receive notice.
You should consider the following when making amendments:
- Federal bankruptcy forms and procedures for amendments
- State bankruptcy forms and procedures for amendments
- Court fees
- Filing dates and deadlines
Should I Get Legal Help to Amend My Bankruptcy Filings?
Yes. It would be wise to consult a bankruptcy attorney if you need to amend your filings. An attorney can help you fill and correct the appropriate paperwork.
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Last Modified: 04-14-2015 03:30 PM PDT
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