How to Amend Schedules in Bankruptcy

Ensuring accurate bankruptcy schedules is the debtor's responsibility.

Filing for bankruptcy protection is a time-consuming judicial process that can continue for a period of months or years. During this time, a consumer's assets, income and debts can change. These changes need to be reflected promptly in your bankruptcy schedule so that the court is able to make decisions about your case using reliable information. You will need to file one or more amended schedules during your bankruptcy in order to keep this information accurate and up to date.

Things You'll Need

• Old bankruptcy schedules
• Blank bankruptcy schedules

Instructions

1. Verify that your bankruptcy schedules need to be amended. Sometimes, the U.S. Trustee may request that you amend your schedules based on an erroneous interpretation of the law. Schedules that do not need to be amended should not be amended in order to avoid confusion.

2. Compare your old bankruptcy schedules with your new bankruptcy schedules ensuring that you didn't leave anything out and that the information you have included is accurate.

3. Check all of your schedules to ensure that they are all true and correct to the best of your knowledge. Keep in mind that changing one schedule may require you to change another schedule.

4. File the amended schedules and the summary of amended schedules with the court, either in person or by mail. A hearing may be scheduled regarding your amended schedules.

5. File a motion to amend your schedules if your bankruptcy plan has already been confirmed, or file a motion to reopen your case if your bankruptcy has already been discharged. A motion to amend is how you ask the court for permission to amend your schedules.

6. Send a notification to all of your creditors to let them know that you have filed amended schedules. This will give your creditors an opportunity to object to your amendments if they deem it necessary.

Tips & Warnings

• You should seek the advice of an experienced bankruptcy attorney prior to amending bankruptcy documents.

References

• Bankruptcy Law Network: Amending the Bankruptcy Schedules
• Justice: Law of Reopening Revisited