How to Correct Mistakes on Bankruptcy Forms Already Submitted

by Kevin Owen Google
Failure to correct your bankruptcy filings may result in dismissal of your case.

Failure to correct your bankruptcy filings may result in dismissal of your case.

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When you filed your petition for bankruptcy with the U.S. Bankruptcy Court, you were required to state under oath that the statements made therein were true and correct. Making false statements in court pleadings may subject you to severe criminal and civil penalties. Therefore, if you made any erroneous statements on your bankruptcy petition, you should amend your filings with the court to correct any mistakes. Under bankruptcy rules, you are permitted to amend your petition any time prior to the closing of your bankruptcy case.

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Step 1

Draft a Motion to Amend to be filed with the bankruptcy court. The motion need only state that you are requesting permission from the court to amend or correct the statements made in previously filed documents.

Step 2

Revise the bankruptcy schedule containing the erroneous statement to reflect the correct information. Be sure to proofread and fact-check all new and previously filed forms to ensure that you have caught all errors and are not making any new misrepresentations to the court.

Step 3

Draft a declaration stating what information you are seeking to correct and why the original petition failed to state this information correctly. For example, you may need to explain how you were unaware of the existence of the asset, such as a lawsuit or inheritance, or debt at the time you filed your petition.

Step 4

Create a certificate of service listing the names and addresses of all interested parties to whom you are sending your motion, including the judge and clerk of the court. The certificate is required as it assures the court that all relevant people were given notice of your filing.

Step 5

File the motion, revised schedule, declaration and certificate of service electronically through the court's electronic case filing system or by mail, depending on the rules of your bankruptcy court.

Step 6

Pay any applicable filing fee to the clerk of the court or through the court's online payment system. Amendments to schedules D, E or F in Chapter 7 bankruptcy require payment of a $30 fee, as of 2012. Amendments to any other Chapter 7 document or any amendments under Chapter 13 bankruptcy may not require a fee. Consult the bankruptcy court's current schedule of fees to determine the fees applicable in your particular case.