Amending the Statement of Intention

[Thirdbase7]

I've already had my 341 meeting and am not going to be able to get the money to make my car payments current to have the bank reaffirm my car. I am planning on amending my Statement of Intention but I read that it may require a second 341 meeting. Is changing from Reaffirm to Surrender a common thing or am I doing something horribly wrong that will cause a lot of problems? 30 days from my 341 will be 12/12. I'm afraid I'm gonna get smacked with a presumption of abuse :/.

[Thirdbase7]

Ok well I did some more research on the code and I'm past the 45 day mark to amend the Statement of Intention. This leads to my next question, what happens now?

I was missing one creditor(Dell for computer equipment) and have to surrender my car instead of the reaffirmation that I originally intended.

I read that there aren't really any repercussions for not following through with the statement of intention, aside from it giving the creditor cause to file a motion to relieve the stay. My car is almost 3 months behind now, so I'm sure they will file for a motion, so now it's just a waiting game?

EDIT: I'm seeing 45 days after filing the statement of intention AND 30 days after the 341 meeting as deadline to amend. Anyone know which one is right?

[ameliabedilia]

I don't have any answers for you, but I am also interested in this as we have a car lease that we are going back and forth with regarding keeping or turning in. Our 341 was 11/19.
Bumping it up for more answers

[FreshLikeADaisy]

I don't know either, but it seems to me like it would be worth a call to the trustee's office; it's not like you're asking for legal advice, just what the deadline is. Also, in warnings against ex parte (outside of official proceedings) communication with the bk judge, that's where the court tells you to go for answers because they don't want you calling up the bankruptcy judges and asking anything, whether it's a reasonable question or not.

If it's not actually in the federal code (I don't know if it is or not) then you'd *both* want to call your trustees' offices: what's not in the federal code and rules is up to the district, which means that you both might end up with different correct answers. I don't know if this is the case, but if you looked in the code and it wasn't there you have to assume that it will vary by district.

Just my 2 cents

[Thirdbase7]

Well, I went to file my amendments today.

The clerk said they were under the impression that you could amend ANYTHING until the discharge, that may just be the way it is here in KY, but they filed them.

They didn't seem very concerned at all about the Statement of Intention, as they said it's more of a "record keeping" paper than an important one.

So I sent off my amendments to my creditors, T minus 20 days til they come and get my car. Merry Christmas eh?