amending schedule f

[eknshm]

I just filed Chapter 7 a few days ago, without an attorney.

I was so excited to get this done that I cleaned out my old file cabinet and found 5 excluded debts that were NOT listed on my credit report, or any of my mail for years.

I would like to amend my bankruptcy, however, I cannot find any official forms to do this.

It looks as if you need to somehow type "Amended" on a regular schedule F, and redo the entire schedule with all creditors, not just the ones added, and then type an amended Matrix with only the new creditors. Is this correct? And send a $26.00 fee. There is NO information on my district court website.

If this is not correct, can anyone tell me how to do it?

Also, if I amend now, wouldn't the court notify the amended creditors?

Thanks.

[justbroke]

Please make sure you follow your local rules. This will be very important.

You are on the right path. You would file an "amended" schedule F that only includes the creditors being added. If it's 5 or less, you usually don't need to file a new Matrix. Again, both of those are by local rule, so you are probably better off to contact the Clerk of the Court.

You also need to file a new Summary of Schedules and the Statement Concerning Debtor Schedules, indicating, under penalty of perjury, that the Schedules are accurate. You may also have to do the Statistical page as well. Again, this is local procedure, but is common in all Districts.

Of course, don't forget to include certified funds in the amount of $26 payable to the United States Bankruptcy Court.

Contact your case manager in the Clerk of the Bankruptcy Court's office and ask a procedural question regarding amended Schedule F. You will be glad youdid.

[eknshm]

I've also read that if you forget a few creditors, that's OK because under the bankruptcy code, they are considered discharged also if they were debts before you filed.

??? Is this true?

[justbroke]

I've also read that if you forget a few creditors, that's OK because under the bankruptcy code, they are considered discharged also if they were debts before you filed. ??? Is this true?

Here's the $24,000 answer. It depends.

It depends on whether your case was a No-Asset Chapter 7 case. It also depends on which District you live in. While the bankruptcy code reads that it does in fact discharge all debt that arose prior to filing, there are many Districts that will counter it with the fact that it should be scheduled.

The reality is... that if your case is open, and you remember several creditors, it is always best to amend your schedules rather than deal with re-opening your case later. It costs $260 to re-open your case just to deal with a creditor who "wasn't" notified and is trying to sue you much later. I think of it as pay $26 now, or pay $260 or more later!

[tigergem]

DO check with your local bankruptcy court as to whether or not the amended schedule F needs to only include the added creditors, or all creditors plus the additions. When I amended mine, it had to include them all in alphabetical order. However, for the amended matrix, I only had to send the additions. I sent along a separate courtesy letter for the clerk with a memorandum of the additions, even though it was pretty obvious. Good luck!

[eknshm]

Here's the $24,000 answer. It depends.

It depends on whether your case was a No-Asset Chapter 7 case. It also depends on which District you live in. While the bankruptcy code reads that it does in fact discharge all debt that arose prior to filing, there are many Districts that will counter it with the fact that it should be scheduled.

The reality is... that if your case is open, and you remember several creditors, it is always best to amend your schedules rather than deal with re-opening your case later. It costs $260 to re-open your case just to deal with a creditor who "wasn't" notified and is trying to sue you much later. I think of it as pay $26 now, or pay $260 or more later!

Thanks to everyone for the info. I just wanted to add, that mine is a chapter 7 no-asset case, everything is exempt. In addition to this, I've found a form online for a different district (not mine), where you notify creditors you omitted originally, that you filed bankruptcy and keep proof of service, meaning they couldn't say they weren't notified. That would definitely be the easiest way if all debts were discharged anyway. But for us pro se filers, we can't afford to take chances. I'll definitely call the clerk tomorrow or Tuesday and ask for the procedure to amend. The clerk is scary. They acted like the didn't want to talk to me when I asked where to mail my forms.

[eknshm]

DO check with your local bankruptcy court as to whether or not the amended schedule F needs to only include the added creditors, or all creditors plus the additions. When I amended mine, it had to include them all in alphabetical order. However, for the amended matrix, I only had to send the additions. I sent along a separate courtesy letter for the clerk with a memorandum of the additions, even though it was pretty obvious. Good luck!

Wow, the entire list will be a lot. Better safe than sorry. This is the way I should do it.

[justbroke]

In addition to this, I've found a form online for a different district (not mine), where you notify creditors you omitted originally, that you filed bankruptcy and keep proof of service, meaning they couldn't say they weren't notified.

You never ever keep proof of service. You file it with the Court.

Also, this is District specific information. You really really need to check the procedure for your specific District, or face a deficiency notice.

[tigergem]

Nonono, just because that is the way I had to do it, does not mean that is the correct procedure for your district. That is why we are telling you, you must check your Local Rules of Bankruptcy Procedure and call your clerk and ask questions!

These are the specific procedural questions you should ask your clerk:

Do you have an amendment cover sheet that I should use? (If so, where can I obtain a copy of that?)

When I amend my Schedule F, am I required to include only the additional creditors, or a complete list of all the creditors?

[lezlovin]

I just did this today

i just did this today. I hope i did it right. i made a new matrix with JUST THE NEW ONES. then i did a schedule F with just the new ones and put "amended " t the top. It didnt' occur to me i should have relisted all of them again! that seems ridiculous. I suppose i will be calling the clerk again in the morning SIGH

[randomKS]

and then?;p

Did you have to file just the amended schedule F with the new creditor or rewrite the entire thing?
I had an accidental typo on one of the collection agencies and am wondering how to fix it. Even if I just write amended on schedule F and put just the correction on it, they old form will still have the typo.
This typo was a collection agency of a collection agency so they dont seem really important but what should I do?

[Tanmara]

Please help me understand what I received....

I just received a notice saying:

To whom it may concern:
Enclosed please find Amended Schedule F listing you as a creditor in the above case.

Very truly yours, Marc S Ehrlich
Chapter 7 Trustee.
There is a second page and my name is on a form with the heading:
AMENDED SCHEDULE F - CREDITORS HOLDING UNSECURED NON-PRIORITY CLAIMS

Do I need to reply to this for any reason? Or is just this showing that my claims to ownership are being recognized in a Chapter 7 bankruptcy case.

I am very lost in this and would appreciate any advice on this. Thank you, Tanmara

[tigergem]

I just received a notice saying:

To whom it may concern:
Enclosed please find Amended Schedule F listing you as a creditor in the above case.

Very truly yours, Marc S Ehrlich
Chapter 7 Trustee.
There is a second page and my name is on a form with the heading:
AMENDED SCHEDULE F - CREDITORS HOLDING UNSECURED NON-PRIORITY CLAIMS

Do I need to reply to this for any reason? Or is just this showing that my claims to ownership are being recognized in a Chapter 7 bankruptcy case.

I am very lost in this and would appreciate any advice on this. Thank you, Tanmara

Sounds like you amended your Schedule F. Did you? If so, then you will automatically receive copies of all notices to that effect sent to your creditors. If you had an attorney, he or she would be receiving those. It's just verification for your records that it was sent.

[Tanmara]

Sounds like you amended your Schedule F. Did you? If so, then you will automatically receive copies of all notices to that effect sent to your creditors. If you had an attorney, he or she would be receiving those. It's just verification for your records that it was sent.

Tigergem, thank you for your response.

No, I did not file any paperwork concerning Schedule F. I just received the notice with information on a time share that I own. The resort that sold me the time share filed Chapter 7 and another company bought the resort. I am listed as a creditor on this Schedule F notice that I received and I just wondered if I had to reply to it.

Again, thank you for your response, Tanmara

[free2breathe]

It's just a notice letting you know they've added you as a creditor with a debt they are seeking to discharge. If you had reason to believe [per Bankruptcy Code § 727(a)] that their debt to you shouldn't be discharged, you would have to file a complaint objecting to the discharge of your debt. You should receive another notice from the court giving you until X date to file the complaint, if that were to apply. Once the Bankruptcy Court determines if there are assets to distribute, they would then send you another notice to file a claim for what this company owes you so that you could receive a distribution of a portion of those assets.