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do I need a Means Test Amendment or wait til 341?

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    do I need a Means Test Amendment or wait til 341?

    Hey... I'm sorry I didn't find this forum earlier, I must have been stressed or blind, or both!!!

    Prior to filing bankruptcy, I discussed my personal details with two financial advisor's who felt Chapter 7th was the advisable course. I spoke with several pro-bono legal agencies, and was denied services - because they saw no immediate gain.

    I read a lot and decided to go ahead and file. Once my paperwork was done, I went to the court-house and visited the help desk. The attorney there, recommended a few small changes. I went ahead, made them, reprinted my papers, had a friend double check and filed!

    A few days later, checking PACER (B9A) , I discovered a mistake on the Means Test!!!

    I incorrectly clicked "the presumption arises" instead of "the presumption does not arise" - on the first page! However, on the form, I only completed sections 1-3, there, it shows that the presumption does not arise.

    ~~~
    So, I'm trying to determine if I need to file an amendment or wait until the 341 meeting (which is 37 days away) ?

    My initial instinct was to file an amendment, change the checkbox and move forward with my life. However, I couldn't find the form to file an amendment, and I wasn't use if it would really matter, because, it is clearly a "typo".

    I figured that if I waited until the 341 meeting, and the document was examined, or when my trustee had a chance to review it, the error would be noticed, and corrected at that point.

    ~~~
    I understand both options are valid, but I'm feeling horrified that I made a mistake, and that it's going to propagate through my case, and I wonder how that effects my 'reliability' (says the debtour =) )

    So... experiences, ideas, comfort, anyone?

    =)

    Vic

    #2
    It will cost you $26 to amend the form. If you have the money, just go ahead and do it. Or, you can just wait it out at the 341 Meeting and see what the Trustee says. If they don't think anything of it, you just saved $26.
    Chapter 7 (No Asset/Non-Consumer) Filed (Pro Se) 7/08 (converted from Chapter 13 - 2/10)
    Status: (Auto) Discharged and Closed! 5/10
    Visit My BKForum Blog: justbroke's Blog

    Any advice provided is not legal advice, but simply the musings of a fellow bankrupt.

    Comment


      #3
      Originally posted by enari View Post
      However, I couldn't find the form to file an amendment, and I wasn't use if it would really matter, because, it is clearly a "typo".
      Would you just print another Means Test and write at the top "Amendment to case x#x#x#" and go file it with the clerk?

      That's what I did to my petition and schedules when I had to amend the date on them.

      Oh and in our case we didn't have to pay the $26 for our few amendments because she said to wait and see if our Waiver of the Fee application was approved and it was.
      Last edited by Annie4; 09-03-2009, 08:50 PM. Reason: forgot something
      8-4-09 Filed pro se Chap 7 (I still can NOT believe I took that first step!:blink:)
      8-25-09 Approved to proceed in forma pauperis.:unsure:
      9-8-09 :dry:Trustee's Report of No Distribution.
      11-18-09 :yahoo: Discharged! :clapping:

      Comment


        #4
        I just wanted to follow-up saying that I decided to take the wait-and-see approach, and did not file an amendment.

        Today, about 10 days before my 341-hearing, my record changed to show:

        "UST Stmt of No Presumed Abuse - Change from Original Notice"

        Comment


          #5
          I realize this is an older thread, but somebody said that the amendment will cost $26. That's not true if you are talking about your means test. The only time you pay for an amendment is for the creditor matrix, and that does cost $26.

          Comment


            #6
            Originally posted by JoeBankrupt33 View Post
            I realize this is an older thread, but somebody said that the amendment will cost $26. That's not true if you are talking about your means test. The only time you pay for an amendment is for the creditor matrix, and that does cost $26.
            You are correct that the Petition (Form B1) and Means Test (Form B22A) don't require a fee to amend.

            However, Districts do charge for any changes to the "Schedules". Our actual fee schedules lists this... Amendment to Schedules (no fee for address change) $ 26.00.

            Specifically, this fee is only charged for amendments to Schedules D, E, and F and if there are "few" additions to the Matrix.

            I may have been quick to say $26... because in most events, someone amending one Schedule, is usually amending their other forms as well.
            Chapter 7 (No Asset/Non-Consumer) Filed (Pro Se) 7/08 (converted from Chapter 13 - 2/10)
            Status: (Auto) Discharged and Closed! 5/10
            Visit My BKForum Blog: justbroke's Blog

            Any advice provided is not legal advice, but simply the musings of a fellow bankrupt.

            Comment

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