Can a Bankruptcy Petition be Amended?


Photo courtesy of GManViz

You’ve gone through all of the paperwork necessary to file for Chapter 13 or Chapter 7 bankruptcy. You’ve worked long and hard with your attorney to make sure all of the necessary documentation is in place and has been filed with the appropriate legal institutions on time. As you may have realized by this point, filing for bankruptcy can be a very time consuming undertaking. Luckily, when working with an experienced bankruptcy attorney, they will work in tandem with you to process your bankruptcy paperwork in a fraction of the time had you been doing it on your own.

That being said, suppose you suddenly realize that you had forgotten to alert your attorney about a creditor who should have been included in your bankruptcy paperwork. From time to time, this happens. Your first instinct is probably to panic, thinking that you will possibly be unable to discharge any debts that you had forgotten to list on your original petition.

We are here to tell you that this has happened before, and there is a solution. Even when working closely with your attorney, it is possible to leave a debtor out by accident. As long as the omission was simply an honest mistake, bring the error to your attorney’s attention as soon as you notice it. At Veitengruber Law, we will attend to the matter immediately, making changes to your bankruptcy petition if needed.

Whether or not your petition will need to be amended depends on which type of bankruptcy you filed for, and how far along your case is in the proceedings. In a Chapter 7 filing, a debt to an omitted creditor will automatically be discharged along with all other debts because as a general rule, in Chapter 7 no asset cases, no debts can be collected from a debtor who has had their debts discharged. If your Chapter 7 bankruptcy is an asset case, we can help you ascertain the specific information about what steps need to be taken next in order to get you the best result possible.

It is a good idea to alert any omitted creditor(s) to the fact that you are filing for bankruptcy, and your attorney at Veitengruber Law will take care of telling the creditor not to attempt to collect any debt from you, should your case be a no asset case.

If your bankruptcy was filed under chapter 11, 12, or 13, any of omitted debts will unfortunately not be bound by the bankruptcy proceedings. Any debt owed to an omitted creditor in any of these proceedings will not be discharged and will survive the bankruptcy filing. In this case, contact your bankruptcy attorney and ask about reopening your bankruptcy case in order to include the debtor who was accidentally forgotten. For immediate help with all of your bankruptcy questions and needs, call Veitengruber Law, or connect with us on our website, or on Facebook and Twitter. We’re happy to correspond with you in the manner that you find most comfortable.

One Response to Can a Bankruptcy Petition be Amended?

  1. Pingback: Can Creditors Contact Me After a Bankruptcy Discharge? | Veitengruber Law

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