Sometimes a debtor may need to amend a schedule or a portion of their petition due to an inadvertent mistake or change in their circumstances. A debtor may wish to modify their petition to correct a mistake, such as changing the value of an asset or including an asset. Under the chapter 13 bankruptcy rules, a debtor is permitted to file an amendment as a right at any time prior to the closing of the case. The amendment must be reviewed, signed, and certified by the debtor as to its accuracy and filed with the court. Notice of the amendment must be sent to the trustee and all impacted creditors.
Typically, a debtor is permitted to modify their plan, which reflects the amount of monthly payments and how their debts are to be reorganized.
The petition may be modified to add a creditor. The court charges $30 to add a creditor. The debtor is required to provide specific notice to the added creditor regarding certain information about the case. Depending on the circumstances, adding a creditor to a chapter 13 case may not permit the debtor to discharge such debt.
Robert Manchel, an experienced and knowledgeable New Jersey bankruptcy lawyer, may be contacted at (866) 503-5655 to discuss your individual circumstances.