How To Amend Your Bankruptcy Forms

If you make a mistake in your bankruptcy petition, schedules, or other paperwork, you can correct it by filing an amended form. The bankruptcy rules let you amend any time before the court closes your case. This article explains what you can amend, when to do it, the steps to follow, and what to do if your case has already closed. (Fed. R. Bankr. P. 1009(a).)

Can I Add Something to My Bankruptcy?

Yes. You can amend anything filed with the bankruptcy court, including the bankruptcy petition, a bankruptcy schedule, or another bankruptcy form. If your case has already closed, skip to the “Can I Amend My Bankruptcy After Discharge or Closing?” section below.

How Do I Amend the Bankruptcy Petition, Schedule, or Another Bankruptcy Form?

You amend your bankruptcy forms by completing a corrected version, filing it with the court, and serving it on the trustee and affected creditors. Below are the steps.

Review Your Bankruptcy Court’s Local Rules and Fee Schedules

The local rules and fee schedules will tell you whether you must use a cover sheet when filing the amended form and, if so, the format you’ll use. The rules might also explain whether the amended schedule should include only the new information or be revised entirely.

Not all amendments require a fee, but some do. Check the fee schedule on your court’s website. It will have the most current information.

Complete the Amended Bankruptcy Petition, Schedule, or Form

Start with a blank copy of the petition or schedule to correct a mistake. Fillable, downloadable forms are available on the U.S. Courts bankruptcy form webpage. Go to the bankruptcy court’s website for local forms.

Check the “Amended” box or type “amended” at the top of the official or local bankruptcy form to distinguish the new version from the old.

You might need to file several amended forms, even if you made only one mistake. For example, if you forgot to list a car, you might need to amend Schedule A/B: Property, Schedule C: The Property You Claim as Exempt, and Schedule D: Creditors Who Have Claims Secured by Property. Also, complete and execute a new Declaration About an Individual Debtor’s Schedules.

File and Serve the Amended Bankruptcy Forms

Once you’ve completed the amended forms, submit them and the fee to the court, following the court’s instructions on the required order, number of copies, whether you need to include a cover sheet or letter explaining the changes, and so on.

You must also serve a copy of the amended papers on the bankruptcy trustee, any creditor affected by your amendment, and anyone else your court requires. If you add a creditor, expect to send that creditor the notice of your bankruptcy case, too. Learn more about completing bankruptcy forms.

When Should I Amend My Bankruptcy Forms?

Amend your forms as soon as you learn they’re wrong or incomplete. Sometimes you forget to include information, make an error, or your life situation changes. In those instances, you’ll want to “amend” your bankruptcy filing to reflect the accurate information or current circumstances.

Forgetting Information

If you left something off your forms, amend them promptly. It’s common to forget to include something in your schedules, such as a creditor, an old bank account, or property in your possession that belongs to someone else. Another item commonly forgotten would be an unprofitable business venture (you must include it even if it didn’t make any money). Amend when you realize the omission or the trustee brings it to your attention.

Don’t wait to disclose an asset until you think the trustee will find it. Intentionally hiding property can get your amendment challenged, your discharge denied, or worse. (11 U.S.C. § 727(a)(4).)

Inadvertent Errors

Filling out paperwork incorrectly without any bad intentions can happen. For instance, if the name on your petition doesn’t match the name on the identification presented at the 341 meeting of creditors, the bankruptcy trustee will likely ask you to fix the discrepancy by amending the bankruptcy petition.

Life Changes

Not every life change requires an amendment, but some do. Life events can affect your income and expenses. For instance, an employment change or a move could impact the amount of money available to pay creditors in Chapters 7 and 13. Certain property you acquire shortly after filing, such as an inheritance, must also be reported. Tell the trustee about the change and ask what your court requires. (Fed. R. Bankr. P. 1007(h).)

Can I Amend My Bankruptcy After Discharge or Closing?

You can amend until the court closes your case, but not after. A “discharge” erases qualifying debts, yet your case might stay open for a while afterward. Once the case closes, you don’t have an automatic right to amend. You’ll need to file a motion asking the bankruptcy court to reopen your matter and allow an amendment. (11 U.S.C. § 350(b).)

The steps involved vary by jurisdiction. Some courts might allow you to file amendments with the motion, while others require you to do it in two steps.

Next Steps: Speaking to a Bankruptcy Lawyer

If you’re worried about an error or omission in your bankruptcy filing, speak with a local bankruptcy lawyer before you amend. An attorney will explain the options and consequences. If you meet with a bankruptcy lawyer who offers a free initial consultation, you won’t owe anything unless you use the lawyer’s services. In the meantime, here are a few more titles for you to enjoy:

• When Is My Bankruptcy Over?
• How Do I Get a Lien Off Title After Bankruptcy?