An amendment is the official term used, when you change information in your case. There are many reasons to file an amendment to your bankruptcy case, below are a few of the most common:
- There was an omission in your original filing. For example, say you accidentally left something off your schedules, like an asset you have. You can amend your case to add in the missing item or to add missing information.
- Your circumstances have changed since filing. In a chapter 13 bankruptcy, amendments to schedule I and J, income and expenses, are common, because a chapter 13 takes 3-5 years. You may amend your income or expenses schedules to show changes in either, as the chapter 13 goes on.
- You accidentally listed assets that are not yours. For example, say you thought you were on a bank account with your non-filing spouse, but after a bit of digging, it turns out you are not. You can look at amending your case, if needed, to take off the bank account. Typically, if you are going to amend a case to take off previously listed information or assets, you will need to prove beyond a doubt why you are amending.
- There was an error on your original filing. This could be any error, but an example of a common error is if legal descriptions were not included or improperly listed. Legal descriptions need to be 100% accurate for real estate asset listings in bankruptcy, so any mistype or omission of the description will need an amendment.
There are many reasons why you may amend your case and there are many reasons why you may not actually need an amendment. If you think something is missing or incorrect, always reach out to your attorney to see if an amendment is necessary.
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