Amending a filing

[Ineedhelp2]

I've been doing some calculating, and it looks like the ideal time to file would be the end of this month, though I don't know if I can get everything together in time.

Is is possible to make a very "bare bones" filing, and then add to it within the next 10 days or so?

[shabam]

yes

[jribe]

I've been doing some calculating, and it looks like the ideal time to file would be the end of this month, though I don't know if I can get everything together in time.

Is is possible to make a very "bare bones" filing, and then add to it within the next 10 days or so?

yes - they are a few forms that must be filed to be deemed an "emergency" filing; and the others are typically required within 15 days

Here's what's required in my district (you'll need to verify with yours)

CHAPTER 7 - COPIES DEADLINE
Voluntary Petition (Official Form 1) Original + 1 Time of filing

Schedules of Assets and Liabilities (Official Form 6) Original + 1 Within 15 days

Schedule of Executory Contracts and Unexpired Leases (Schedule G, Official Form 6) Original + 1 Within 15 days

Schedules of Current Income and Expenditures Original + 1 Within 15 days

Statement of Financial Affairs (Official Form 7) Original + 1 Within 15 days
Master Address List (DO NOT attach to petition)

(1) If submitted on computer diskette Original Only Time of filing
(2) If submitted on hard copy (printed on paper) Original + 1 Time of filing
Verification of Master Address List Form (Form EDC 2-100) (DO NOT attach to petition) Original + 1 Time of filing

[Ineedhelp2]

Thank you very much.

[justbroke]

I've been doing some calculating, and it looks like the ideal time to file would be the end of this month, though I don't know if I can get everything together in time.

Is is possible to make a very "bare bones" filing, and then add to it within the next 10 days or so?

Please contact the Clerk of the Court for your District. You should get a "checklist" of what is required in order to file. In most cases, an "emergency" petition is the term used to describe a bare bones filing.

Make sure you do this correctly. If you just submit a bunch of blank schedules, thinking you can somehow just fill them in later, you can be met by challenges from not only the U.S. Trustee and the Panel Trustee but also from creditors. They can attempt to, and may actually succeed in, invoking something known as judicial estoppel. I won't go into estoppel except to say that submitting the blank forms is basically stating "this is what I have". It wouldn't be due to excusable error, but just due to your desire to bare bones a petition. (Enough said on that topic.)

Again, please check the requirements for an emergency petition for your District. You can actually submit a bare bones petition, but certain things are required to be submitted upon presenting the petition. You then have 15 days to submit the rest of the Schedules, and I think you can submit your Statement of Intentions up to 30 days after filing.

Please make sure you contact the Clerk!