How to Change Chapter 7 Bankruptcy Information After Filing
Regardless of how meticulous you have been in the gathering of information and the preparation of your Chapter 7 Bankruptcy Petition, sometimes mistakes or omissions are made. In the event an error or omission is found, it needs to be rectified in your petition as quickly as possible. Modifying the petition is not difficult and may be the difference between a successful or an unsuccessful result.
A Chapter 7 bankruptcy petition is a procedure by which you can discharge all of your unsecured and secured debt to obtain a fresh start. Filing a petition and appropriate schedule in the United States Bankruptcy Court in the District where you reside begins the bankruptcy procedure.
Many individuals choose to have an attorney represent them through this procedure. Others choose to represent themselves. Every effort should be taken to insure that the information that goes into your petition is accurate and complete. Sometimes however, unexpected situations, such pay reduction, sudden changes in financial circumstances or forgotten creditors can require that the petition and one or more of its schedules be modified.
Upon the filing of your bankruptcy petition, a couple of things happen. First, the court notifies all creditors of the petitioner(s) that there has been a filing. The court advises creditors that they are not permitted to attempt to collect on your debts. A meeting with the bankruptcy trustee is scheduled approximately 30 days after the petition is filed.
In the event a change needs to be made to your Chapter 7 petition, an amended schedule needs to be filed. If an attorney represents you, notify that attorney and they will modify your petition.
If an attorney does not represent you, you can do it yourself. The steps involved in modifying the Chapter 7 petition will vary from court to court. You can find out what the exact process is by reviewing the rules and procedures of the US Bankruptcy Court where you filed your original petition.
- Use your search engine of choice, type “United States Bankruptcy Court” along with the exact court where you filed your original petition. For example “Middle District of Florida United States Bankruptcy Court.”
- Go to the official site of the proper court. Locate the tab for “rules and forms.” Each court site will be a little different but the concept will be the same.
- Open the rules section and look for the “procedure for amending a petition” or words to that effect.
- Follow those guidelines to the letter. If there is a form that needs to be filled out, you will find it on the website. If you are required to file a motion, the rules will set forth the procedure for doing so and most likely have a form for the motion.
- Complete all required actions as soon as possible. Everyone involved in the case needs to get notice of any changes in the petition and the Trustee needs to prepare for the meeting.