Requirements for Amending a Bankruptcy Schedule
Bankruptcy schedules are a necessary series of documents for filing a bankruptcy case. When you file your schedules, you sign an oath that the information contained in the schedules is accurate. However, you can amend your schedules if your circumstances change or if you realize later that you made a mistake.
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The Schedules Generally
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When you file a bankruptcy petition, your bankruptcy case begins. However, a bankruptcy filing is not complete unless you file all required paperwork, including your schedules. Your schedules are documents that list information about your property, your debts, your income and your expenses. You must file your schedules within 14 days after you file your petition or the court will dismiss your bankruptcy case.
Information in the Schedules
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There are 10 bankruptcy schedules in a consumer bankruptcy case. Schedule A lists all of your real property, such as land and buildings, as well as the property's value and the amount of any mortgages or liens. Schedule B lists all of your personal property, which is everything else you own, as well as the property's value. Schedule C lists your exemptions, which are the amounts and items you are exempting from the bankruptcy estate. Schedule D lists your secured debts, such as your mortgage and your car note. Schedule E lists priority unsecured debts, such as child support, alimony and income taxes. Schedule F lists your general unsecured debts, such as credit card debt, personal loans and medical bills. Schedule G lists your leases. Schedule H lists any co-debtors you may have on your debts. Schedule I lists your actual monthly income going forward, and Schedule J lists your monthly expenses. When you file your schedules, you swear under penalty of perjury that the information in the schedules is true and accurate.
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Reasons to Amend Schedules
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You must amend your schedules if you realize after you file them that you have made a mistake. For example, you may have forgotten to list something you own, forgotten a creditor or you may have wrongly estimated the amount of one of your expenses. You must also amend your schedules if your situation changes. For example, if you lose your job or become pregnant, you can amend your income schedule to show your income loss or amend your expenses to include child care. If you fail to amend your schedules when you know they are inaccurate, you risk case dismissal and possibly prosecution for fraud.
How to Amend Schedules
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You can amend your schedules by contacting your attorney and giving him your new information. You must sign a coversheet for amendments attesting that the new information is true and accurate. Your bankruptcy trustee may request documentation of your new information, but such documentation is not required to file an amendment.
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