Amendments are an official adjustment, addition, or subtraction of information in your bankruptcy petition or other official court documents. Amendments can happen for all sorts of reasons, for example, errors, omissions, new information, or different circumstances.
If you file a case or other bankruptcy documents that have an error or omission on them, you may need to amend the filing. For example, if you file your case only listing some of your assets by mistake, your attorney will file an amendment to list everything you own. Your attorney can walk you through what may need an amendment and what may not. That being said, all errors or omissions should be brought to your attorney's attention right away.
Your case may need to be amended for life circumstances or changes. In a Chapter 13 case, where you are in the first year of your bankruptcy, may not be where you end at year three or five. For this reason, amendments are very common in chapter 13, throughout the entire case. Although amendments in chapter 7 are less common, as Chapter 7 cases are only 90 days until discharge, they do still happen. Most commonly chapter 7 amendments relate to assets or exemptions.
You may need to amend your case after the case is closed. To do this your case will need to be reopened first. Amendments after case closing are typically brought on, due to assets. For example, you found out after your case is closed about a class action lawsuit or inheritance that was created before filing.
If you have any reason to think there was an error, omission, or a life change that calls for an amendment, reach out to your attorney for advice.
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