- 1). Complete a change of address form if all that you need to change is a creditor's address. This type of change does not require payment of a fee. Make certain that you have corrected the necessary addresses of creditors as well as your own address, if this has changed, then mail the form back to the court.
- 2). Prepare a new schedule of creditors to show the debts you failed to include. This is also necessary for changing the balance amounts that you listed for each creditor. Complete the schedule in the correct format and show only the creditors you wish to add or change. Fill in your name and case number at the top of the form and clearly mark this as an amended schedule. Be certain that you and your spouse, if filing jointly, sign the new schedule. Mail this amended schedule along with the certificate of service. Be sure to include your check for the amendment fee, which is $26.00 as of 2011. Also be sure to mail a copy of the amendment to each affected creditor.
- 3). Consider not filing an amendment if your bankruptcy case is closed and has already been discharged, especially if it is a no-asset case. According to many court opinions, the debt is discharged with your other debt if it originated before the date of the bankruptcy filing. The additional creditor would have received nothing even if they had been included in the bankruptcy, due to the no-asset status, so a court will probably rule the debt was discharged with the original order. If the creditor tries to collect, provide them a copy of the discharge order. If they still insist the debt is valid, you can petition to re-open and amend the bankruptcy.
- Advertisement -
- Advertisement -