PLEASE HELP - Amendment

[akame5150]

I submitted a thread recently about this issue, however more has come up and I wanted to run it by all of you. I am thoroughly stressed over this and I can't just NOT WORRY!!!! I have run it by my attorney and he says not to worry, however that is one opinion and I would like to have some others before I truely, "not worry."

I am about 35 days into my 60 day waiting period and my trustee already filed a no asset case. I have to do an amendment to add 4 assets (about $9000) and an IRA that I forgot about when I filed. I have no idea how I forgot these, I just did. I notified my attorney about my stupidity and he said to file an amendment. The moment I realized I forgot stuff, I brought iy up.

Are amendments to add assets normal in a BK case? I am wondering if this happens all the time or is this rare? My attorney said he thinks the worst that will happen, if anything, is the trustee will simply change my case to an asset case and take the money. He does not think my discharge date will change and does not think my amendment will raise any "red" flags.

Can someone who has been through this or knows about this please help me with this issue? I am worried sick about this and I don't want my case held up or objected to because I forgot to list assets.

Thank you very much.

[philslyn]

Well i remember i filed a chapter 7 for somebody, regarding her car.
but the mistakes i did was i put a wrong model of the car.
we filed for amendment and was charged for about 25 bucks and thats it..
you can amend during your 60 days ofcourse. but depends on the mistakes.
if its about a money wanting to be in exempt and more than the exemptions they might take whatever is left on the limit. and if its something that would for your assets then you might not be able to get it. I have no idea what im saying. hehehe well yes you can amend while you are on 60 days club. and its normal.. people commit mistakes. thats why they gave us 60 days.. also. PEACE!

[TEW]

people forget things all the time. that's why they you can make amendments. Your lawyer knows the trustee if he doesn't think its a big deal it isn't. If anything it will show you are being honest that never hurt anyone.

[JRScott]

Amendments are normal. So long as you have sufficient exemptions to cover the forgotten assets there should be no troubles.

[Never_Again]

I don't think that it will be a problem as well... The IRA is exempt, by the way.

Forgotten assets... our lawyer told us a story that happened locally. The couple was at there 341, and were being questioned about assets. They were asked if they had any vehicles, and they disclosed one. He asked, "any others?" They said no. He paused for a second, and said, with no emotion whatsoever, "And what about the Mercedes that is parked in your garage?" They, and their lawyer, were totally dumfounded with their stammering. All of the other lawyers were having a hard time not to burst out laughing.

Apparently someone had tipped him off. At least you disclosed the assets. It is easier to forget about a bank account, than a Mercedes in your garage.

[Help!]

My question is how on earth did your attorney fail to ask you if you had any IRAs? And four other assets?? Clearly there was no due diligence on your attorney's part if these were forgotten! Amendments are not out of the ordinary, but understand that if you don't have room to fully exempt the $9K in new assets and the IRA you may become an asset case.

If you're worried about how this looks to the trustee (understandable) just be absolutely honest about it if you're asked questions. You're voluntarily disclosing these assets - much better than the trustee figuring out you have them on their own!