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In a NutshellWhen you file for bankruptcy and submit your forms you testify under oath that your forms are true and correct. If your bankruptcy forms have inaccuracies and you don’t fix your mistake, the Bankruptcy Court may assume that you’re purposely trying to hide information. Making an amendment to your forms is simple and shows the Court that you made a mistake.
When you file for bankruptcy and submit your forms you testify under oath that your forms are true and correct. If your bankruptcy forms have inaccuracies and you don’t fix your mistake, the Bankruptcy Court may assume that you’re purposely trying to hide information. Making an amendment to your forms is simple and shows the Court that you made a mistake.
Correcting your already filed bankruptcy forms can be easily done by filing an amendment. An amendment is an updated or corrected version of the form that you filed before. The Bankruptcy Court understands that no one is perfect and allows filers an opportunity to correct their mistakes. The Bankruptcy Court will allow you to amend your forms anytime before receiving your discharge order. Below, we will discuss the steps needed to amend your bankruptcy forms. Please take note that if you are looking to add a creditor, you will need to take a few additional steps explained here.
Some of the most common reasons why you may need to do an amendment on your forms are because you forgot to list all of your assets or you accidentally left out other information. To correct your bankruptcy forms you will need to submit a copy of the updated form and supporting documents to the Court. You will also need to fill out a blank form with the correct information, attach a cover sheet to the amended form and fill out Form 106Dec, Declaration About an Individual Debtor’s Schedules, certifying that your new forms are true and correct. You also need to submit Official Form 106sum, Summary of your Assets and Liabilities to provide to Court with updated totals.
If you filed your case with the help of Upsolve, please visit help.upsolve.org and use the "Submit a Request" feature in the top right corner to send us a message and get the process of amending your forms started. Otherwise, you can obtain a new copy of the form that you want to correct on the Court’s website. You will need to re-fill out the form with the correct information. It’s important to note that each district may have their own rules when filling out amendments. Some Bankruptcy Courts may request that you need to complete the entire form again including the information you previously provided. Other Courts may only ask you to provide the new information being amended on the form. If you’re not sure, the best approach is to provide all of the information again, so the Court and your trustee get a complete picture. Some Bankruptcy Courts have local forms they will want you to use to make an amendment. Since this differs from district to district, your best bet is to call the clerk’s office to find out if they have specific instructions for amending your forms and whether there are any local forms you’ll need.
In addition to filling out the new form, you may need to prepare an amendment cover sheet to attach to your amended form. If such a cover sheet is required, you can find it on your Court’s website. The amendment cover sheet will ask you to provide specific information about what schedule(s) you are amending. Some Court’s may ask you to provide further details about what information you are changing on your forms.
In addition to the cover sheet and amended form, you will also need to attach Form 106Dec, Declaration About an Individual Debtor’s Schedules. This Declaration tells the Court that you swear, under penalty of perjury, that the information in your amendment is correct. You will need to make sure that you sign this document to attest that the new amended form is filled out truthfully.