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Amendment to Ch 7 Petition Before 341(a) Hearing

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    Amendment to Ch 7 Petition Before 341(a) Hearing

    My ex-wife is once again meddling. She has sent a letter to the Trustee on my case, claiming a whole bunch of misrepresentations in my petition (background info, we are legally separated, going through divorce, and I am filing Ch 7 as an individual). Long story short, she is pulling values out of thin air and even if I adjusted everything on my petition to match her values, I would still be far below the threshhold for allowable exemptions.

    My attorney is recommending that I file an amendment based on the disputed value of a car (non-running vehicle over 30 years old, BTW).

    My question to the group is... what are the re-filing costs for an amended petition? My attorney says this is far better than being asked to do so at the actual 341(a) hearing, and I will do whatever he says. I just want to know what the filing fees are for the Court. And if anyone has any experience with amended petitions, I'd love to hear your feedback.

    Thanks

    #2
    From what I understand the trustee may ask how you obtained a value for an item and then he ultimately decides what it is worth. That being the case, if you have justification or a reasonable explanation as to the value of a property then just go with that. If the trustee feels it is worth more then he may alter the exemption and it wont cost you anything to adjust but you may have to pay him something for it.

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      #3
      I had a similar situation (did not involve an ex though), and we wound up amending before the 341. Trustee was much happier with that.

      The attorney charged $200, I don't remember what the filing fees were.

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