How to Amend a Bankruptcy Petition Once Married
Only spouses can file bankruptcy using a joint petition. If you get married after filing as an individual, you have a small window of opportunity to amend your petition to add your new spouse. If you are unable to amend your filing, your spouse can file his own case and you can request that the trustee administer the cases jointly. Filing together discharges all nonexempt debt for both spouses. However, it also leaves all nonexempt property subject to liquidation by the trustee.
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Instructions
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Talk with your attorney about the feasibility of adding your new spouse to your petition. List your spouse's debts and income, and give the list to your attorney where he can advise you as to whether bankruptcy will discharge your spouse's debts. Typically, bankruptcy does not discharge owed taxes, student loans or child support arrears.
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Download new bankruptcy forms or ask the court clerk that is overseeing your petition for the forms. Complete a new petition and schedules showing your spouse as a joint filer, and listing all property, income, debt and creditors of your spouse. Write "Amended" on each new form.
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File your amended petition with the court clerk and pay any fees required for amending your petition. As of 2011, there is a $26 fee to amend Schedules D, E, F and to amend the list of creditors.
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Set an appointment with the court clerk to meet with the trustee. Attend the meeting and explain to the trustee why you want to add your spouse to your petition. Make a compelling argument to the trustee as to why adding your spouse is fair to your creditors. Courts have denied amended filings to add a spouse due to the potential of causing a delay or affecting a creditor's ability to collect a debt.
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Tips & Warnings
An example of a compelling reason for the trustee to allow your amended filing is if adding your spouse's income permits all of your creditors to receive more money in a Chapter 13 repayment plan.
Ask your attorney or the court clerk if you must fill out your information on the forms again or just add the information for your spouse. Some jurisdictions require all new forms if you are amending your petition, but some allow you to list the new information only.
The trustee has the right to refuse to allow you to amend your petition.
