How To Fix an Incorrect Bankruptcy Petition

You can amend your petition by filling out the appropriate forms from the court clerk.Before the Chapter 341 Meeting of Creditors, you need to notify the affected creditor and the Trustee of the change.Even if the 341 Meeting took place, you still need to correct any errors in your petition.

Step 1: The mistake should be identified.

All mistakes should be identified so that you can fix them all at once.You can identify the mistakes you made by going through your petition.People make common mistakes when filling out petitions, such as forgetting to list a creditor, listing the wrong value of an item, and getting laid off.

Step 2: You need to get the forms.

The forms you used when completing your original petition will be used again.You should write "Amended" on the forms.You don't need to redo the entire petition, only the part that had an error.Other courts might require you to fill in all the other information.The forms can be obtained from the court clerk.The cover sheet is one of the additional forms you need to fill out.Pick up everything you need from the clerk.A new declaration will have to be filled out.Under penalty of perjury, you state in the declaration that your information is accurate.

Step 3: You have to file the forms.

The forms should be filled out neatly.When you're done, make a copy for your records and send more copies to the trustees.If you want to file, take your completed forms to the court clerk.If you want to amend the petition, there should be no charge.

Step 4: You can send a copy of the amendment to the Trustee.

The Trustee should be told about the change in the petition as soon as possible.You should mail a copy of the amendment to them so they know about the change before the meeting.You should ask the trustees if they received your amendment.Maybe they didn't have a chance to look at it.

Step 5: Notices can be served on the creditor as well.

You have to notify the other people of the change as well.You can send them a copy of your amended petition.The same method of service was used to serve the Trustee.

Step 6: You should file a certificate of service.

You have to certify that you actually sent the papers to the trustees.This involves completing a certificate of service and filing it with the court.The names and addresses of the people you served with the documents should be listed in the certificate of service.

Step 7: If the meeting needs to be changed.

The deadline to object to exemptions may be extended if you made an amendment within 14 days.The court gives you the same amount of time to review your paperwork as you originally did.If this means your 341 Meeting will need to be changed, you should check with the Trustee.

Step 8: If you had the 341 Meeting, amend your petition.

You have an obligation to update your petition until you are out of bankruptcy.If you have had a 341 Meeting of Creditors, you still have to update.

Step 9: Meet an attorney.

Under penalty of perjury, you signed and filed your original bankruptcy petition.This means that you didn't lie.If you did, you could be charged with a crime.All of your other debts could be canceled by the court.If you forget to list a creditor or small asset, you are not in trouble.If you failed to report significant income or left off a large asset, you should meet with an attorney to make sure you are okay.You can get a referral from your local or state bar association.You can schedule a consultation by calling the attorney.Ask how much the consultation will cost.