If I have received a discharge canI go back and amend my filing?

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If I have received a discharge canI go back and amend my filing?

I received a discharge but forgot to include a personal injury claim and exempt it on schedules B and C.

Asked on January 8, 2012 under Bankruptcy Law, Maryland

Answers:

MD, Member, California Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

You received a discharge so I don't believe the court will now allow you to amend your previous filing because it will create undue expense, it will now require all of the former creditors to once again be on notice of this other claim and you will need to go through the same accounting as previously. Usually bankruptcy proceedings are not overnight proceedings so I am afraid the court may indicate you had ample time and notice (just like creditors did) to file any amended claims or notices. You may wish to contact your bankruptcy attorney or at the very least your bankruptcy trustee and see if you can submit a new claim or get leave of court to file amended schedules for new heaaring and notice requirements.


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