Amending Exemptions in California

[CindyLou]

I filed my bankrupcy pro se at the last minute on 10/15. My document preparer had prepared my exemptions 2 different ways and I was suppose to choose which one I wanted to use and take the other out. Well, you guessed it...I forgot and turned in 2 schedule C's. When I went for my 341meeting today the trustee noticed and said that I should file an amendment. How do I do this? She marked mine the same as the others and said if no objections by creditors you should receive your discharge by January 14, 2005. I am not missing info in the file. It is the same information done 2 different ways...there are two different ways to do it in california. Both give all my property the exemptions they need. What should I do???

[Minnymouth]

You will have to file and amendment with the clerk on which Schedule C you are going to use..... normally you have 5 days to do this so get on the ball with it.
If the outcome is the same, no matter which one you use - pick one and get it filed....

Minny

[AAAArt]

I'm assuming that in CA you can use either the state or federal exemptions. I wish I had the choice. The federal exemptions were much better than my state's, but they weren't allowed.
If you filed pro se, the site where you downloaded the forms should have an amendment sheet you can download, or you can google "Bk forms" or you can ask the court clerk for the form and how soon you have to have it in, then just copy the better of your schedules and turn it in with the amendment form. Court clerks can not give legal advice, but they can be very important and a good source for info.
Congrats and best wishes, Art

[quest42]

Minnymouth, since the docs are already filed, can't the amendment be filed anytime prior to the discharge? ASAP is best, of course... Incomplete filings need to be completed within 15 days, but the filing was complete, just ambiguously so... What is the 5 days?

Cindy, I filed my amendment with no cover sheet, just handed it to the clerk and it was accepted and filed in PACER. A cover sheet, for each local court, with a specific "title" and "caption" is preferred... The www.form7.com software can mark each page "Amended".

To find your local rules, and maybe forms, try this search in GOOGLE, add the name of your state or district in front of this (with or without the filetype:pdf part) :

"cover sheet" bankruptcy "local rules" amend* site:uscourts.gov filetype:pdf