How often is amending a petition seen as fraud?

[bees]

I've been reading online and now I'm in a panic. I originally didn't report some extra income, not from employment but from another informal source, to my attorney. I've left a message for him, that I need to amend the petition, but haven't heard back. It's $750 a month, but I'll still be under the median income for my state.

What I'm seeing online is that if you can't explain why it wasn't included, it could be determined to be fraud. One thing I read said that even if you do an amendment -- to correct it yourself, without prompting -- it can still be seen as fraud.

How do I explain not including it? Either to my lawyer or during the 341 meeting? The meeting is in 2 weeks.

What are acceptable reasons? From what I've read, "I didn't think of it" isn't a good enough response.

I'm really scared about this.

[keepmine]

Good Lord! What whacked out site have you been going too?
Nothing fraudulent about correcting the record. Just tell the lawyer the truth- you didn't realize the money had to be included. You'll also have to amend your expense schedule and that may be enough disposable income to put you in a 13.

[Lajazz947]

Good Lord! What whacked out site have you been going too?
Nothing fraudulent about correcting the record. Just tell the lawyer the truth- you didn't realize the money had to be included. You'll also have to amend your expense schedule and that may be enough disposable income to put you in a 13.

Yes, don't worry about it. My attorney said that if I have to include my miserable baseball cartd collection that we would just amend.

I never gave it a second thought to include them, that's the truth.

[deepin]

bees - i have similar worries about an amendment I think I will have to do -- would be interested in what your attorney had to say.

Waiting to hear back from mine now.

[bees]

My attorney was very disapproving. He asked me questions. I answered. No matter how honest the mistake, it still sounded like I'm lying. I would guess that he thinks I lied to him.

I had a great way to explain to him why my view of it all was off, but it was a funny story, and this turned out to be too serious of a conversation for it.

And we didn't discuss "fraud" in the eyes of the trustee. Didn't seem like the right time for a conversation like that.

[deepin]

so you are filing the amendment?

[bees]

yes, in my case, i have to.

[StartingOver08]

Bees is in a little different position - she is amending her monthly income. That is probably why the attorney was disapproving.

There are all kinds of different amendments - we normally see amendments for additional creditors or for clerical errors made.

[deepin]

Are certain types or 'sizes' of amendments more likely to raise red flags for the trustee?

Are you required to include some type of explanation for the amendment when submitting?