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what happens if you made a mistake....

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    what happens if you made a mistake....

    What happens if you made a mistake and to the best of your knowledge you thought it was all correct and come to find out that some accounts may be listed wrong such as if the debt is joint or individual or if you forgot to list a creditor as an oversight and not on purpose. Since things are signed penalty of purjury can you go to JAIL for that?

    #2
    You do not note whether you used an attorney or not......

    If you did, go over your creditors lists, update it and give your attorney a new copy to update the records...... do it asap.....

    If you filed pro se..... then you will have to do it, file it with the clerk of courts yourself......

    This needs to be done asap before the 341 meeting.......

    You stand a chance of leaving creditors off, then later paying the bill to them anyways if they are not included before discharge.
    Minny

    "It's amazing the paths that our feet sometimes follow in life".

    My suggestions are from "personal experience" and research only. Do not consider this as legal advice. Each bankruptcy case is different.

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      #3
      well this is a chapter 13 and yes a lawyer but the 341 passed and i had to sign something saying that i used these cards solely...................I was just wondering IF i had left someone off could it be added in later. I'm not saying i did leave anyone off, but people make mistakes

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        #4
        If you left off a creditor, you can amend you petition any time before the confirmation hearing.

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          #5
          When we were confirmed, I had no idea that we owed the IRS taxes from 2003. We found out after our 341 and confirmation that we owed the IRS $1600, I was in shock, nothing was said for two years until we filed bankruptcy. Lawyer added it into the plan and didn't change the %, but added three months to plan, so instead of 36, it is now 39. It wasn't a big deal. Just caused me more stress.

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            #6
            It is no big deal, either way, you can amend your petition to add a creditor. It is easier to do before confirmation...but even if it is after confirmation, you can still amend, but as helpless points out, you generally have to amend your plan and that may require another confirmation hearing if, by adding the forgotten creditor, the plan significantly changes.

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              #7
              yeah and each time you add a creditor don't they charge you for this? I mean we are in bankruptcy right? does anyone know the meaning of that word? it means $0 money do we have!!

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                #8
                Originally posted by quietsound View Post
                yeah and each time you add a creditor don't they charge you for this? I mean we are in bankruptcy right? does anyone know the meaning of that word? it means $0 money do we have!!
                They charge you $26 to ammend your list of creditors. But that charge is the same if you add one or if you add fifty creditors as long as you do it all at the same time.
                Filed: 10/26/2006
                Discharged: 03/05/2007
                Closed: 5/19/2008 - Asset case due to balance transfer and income tax refund

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                  #9
                  oh well that's not TOO bad, i thought it was like $50 a creditor. sheesh that would be nutso. Thanks for the heads up

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                    #10
                    I paid my lawyer $50 to amend the plan.

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                      #11
                      The $26 is what the courts charge for the amendment. What your lawyer charges would of course be independent of that amount.
                      Filed: 10/26/2006
                      Discharged: 03/05/2007
                      Closed: 5/19/2008 - Asset case due to balance transfer and income tax refund

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                        #12
                        so basically what your all telling me is that this stuff can be pretty routine and that it's no big deal to add or delete a creditor or to amend a list as long as your willing to pay to amend it........that sometimes this stuff just happens whether you forget to mention one or if you make a mistake.

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                          #13
                          Yes, I think that that is true. Like I said, it just added two and a half months to my 36 and not changed the %, so it was pretty cut and dry. Now if you are adding one and trying to still keep it at the same amount and the same length of time, that would be different. The best thing about my whole experience was that I didn't realize that trustee would only pay IRS 23% for the penalties. So, that made it 2 1/2 months longer instead of 4 months.

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