Can I Amend My Bankruptcy After Filing?

Feb 16, 2011 1 Comment by

 

In short, yes, you can amend your bankruptcy after filing; it just depends on what you are amending and the timeframe.  Here are some common amendments and the timeframe:

Adding a Creditor: Anytime up until the discharge.  You will need to speak with your attorney to establish the fees for this.  The court will also charge a filing fee for adding the creditor.

Changing an Address: Anytime up until the discharge.

Bills in Mailbox

Changing a Budget: No longer receiving income?  Have an added expense that you forgot?  These changes can be made at any point up until the discharge.

Adding Property: Anytime up until the discharge.  BEWARE: Any property that is added to the bankruptcy must be protected using your exemptions.  You can only change the bankruptcy exemptions up until the hearing unless you a) have been instructed by the bankruptcy Trustee to change the exemption, or b) file a motion with the court asking for them to allow the exemption change.  Anytime there are additional motions to file that are above and beyond the norm, there are likely additional charges in which you will need to discuss with your attorney.

Surrendering Property: Yes, you can change your mind!  Maybe that car payment is hindering your ability to regain your footing as easily as you thought.  You can give that car up at any point up until your discharge.

These are just a few common scenarios in which you may choose to amend your bankruptcy.  Of course, each bankruptcy is different and each person’s case and needs are different. You will want to consult your bankruptcy attorney for their advice.

Related posts:

  1. Does Filing for Bankruptcy Lower My House or Car Payment?
  2. Can I Eliminate a Second or Third Mortgage by Filing Bankruptcy?
  3. Can I Get Fired From My Job For Filing Bankruptcy?
  4. How Can I Get A Copy of My Tax Returns if I’m Filing Bankruptcy?
  5. What Happens to My Bank Accounts in Bankruptcy?
After You File, Bankruptcy, Bankruptcy Video Vault, Chapter 13, Chapter 7, Duncan Law Blog, Exemptions, Video
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At Duncan Law, PLLC our goal is pretty simple. We try to make people's lives better. And in doing so we try to treat people the way we would want to be treated. It's just that simple.

We practice primarily in the areas of bankruptcy and workers' compensation. We have offices in Charlotte, Greensboro and Winston-Salem, NC.

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