Amendments: Nolo says call the bk clerk, bk clerk says she "can't answer"...

[Roger]

...so I'm asking your advice/opinion.

When filing an amendment to your schedules, do you retype the whole form and add the updates/corrections...

-- or --

Just enter and submit the new info on a blank form?


Nolo book says "ask the court clerk"....I asked my local bk clerk and she said "I can't help you fill out the forms". Gotta love it.

What has been your experience?

[jennordhavn]

This is an educated guess (I have been a legal secretary for 12 years) but I personally would re-type the entire form and add the updates/corrections.

[BrokeAzzez]

I had amendments filed ( by my attorney) but he filed the whole thing over agian...so my guess would be to re-type the whole thing

[justbroke]

Always deal with your Case Manager, and never ask questions of the Intake Clerks!

Even when dealing with a Case Manager, also start start it with "I have a procedural question."

Never ask for advice or "how do I", as it may be construed to be advice, which they can not give.

In the original poster's case, I would have asked this way...

Me: I have a procecdural question.
CaseManager: Okay.
Me: Is there a local rule which requires me to file amendments to schedules by re-filing the entire schedule, or is simply filing the changes in a Notice sufficient?
CaseManager: You will need to file the amended schedule in full, and pay the appropriate fee, if required.

[Roger]

Good info justbroke.

Can you believe I've never heard of a "case manager" until your post?

Excuse my naivety, but where is the case manager...at the BK court? So I just call the court and ask for my case manager?

"I have a procedural question...", good stuff. I can see how that bypasses the "we can't answer that" filter.

[justbroke]

Can you believe I've never heard of a "case manager" until your post?

Excuse my naivety, but where is the case manager...at the BK court? So I just call the court and ask for my case manager?

Case Managers work for the Clerk of the Court. They are assigned cases by Judge and (usually) by last 2 digits of SSN. They basically manage the docket for your case and deal with things in PACER. They are your friend, so be nice to them!!! (You should be able to directly call your Case Manager, once you get their extension. Then make sure they know who you are, that you are pro se, and always be friendly. Then ask if you may ask a procedural question. This has always worked for me. )

"I have a procedural question...", good stuff. I can see how that bypasses the "we can't answer that" filter.

It sets up the question so that they don't perceive that you're asking a legal question, or for legal advice... which they can't answer.

[itsladyliberty]

luckily, the clerk i spoke with was much more helpful, but he said not to retype the entire form, just to add the amended information and write AMENDED at the top of the form in black boldface type and put the date of amendment next to the added information. i suppose it varies by court, though.

[Roger]

luckily, the clerk i spoke with was much more helpful, but he said not to retype the entire form, just to add the amended information and write AMENDED at the top of the form in black boldface type and put the date of amendment next to the added information. i suppose it varies by court, though.

That's pretty much what I did (except I wrote AMENDED at the bottom).

I called again earlier today and spoke to a (more helpful) clerk who told me she's seen them "both ways". Meaning she's seen amendments filed with the whole thing re-typed, and with the additions/changes only.

I submitted my amendments with additions only. We'll see how it goes.