How can I amend a bankruptcy petition?
Full Question:
Answer:
When someone files a motion to amend the bankruptcy petition, a court date will be set to meet with the trustee regarding the modifications. The modifications should be clearly explained. This makes it easier for the trustee to understand, and more likely he or she will approve the amendments. Some of the forms that may be affected include:
Schedule D - Creditors Holding Secured Claims
Schedule E - Creditors Holding Unsecured Priority Claims
Schedule F - Creditors Holding Unsecured Nonpriority Claims
Statement of Financial affairs- This form must be completed by every debtor. Some of the information you are required to list is as follows: Income from employment or the operation of a business; income you received other than from employment or the operation of a business; payments to creditors; suits and administrative proceedings; repossessions and foreclosures; and assignments and receiverships.
I cannot provide legal advice on particular filing requirements in an individual situation, as it will depend on all the facts involved and will ultimately be a decision for the trustee. Under some circumstances, once the bankruptcy proceedings have started, special motion can be filed to remove certain liens. It will take a bankruptcy court order to remove them. This is a complicated area of the bankruptcy law and an attorney should be consulted.
Please see the information at the following links:
http://www.bankruptcylawnetwork.com/2007/09/25/bankruptcy-in-florida-removing-a-judgment-lien/
http://definitions.uslegal.com/b/bankruptcy-chapter-7/
http://definitions.uslegal.com/b/bankrutpcy-official-forms/
http://definitions.uslegal.com/l/liens/
http://definitions.uslegal.com/t/tax-lien-certificate/
http://lawdigest.uslegal.com/bankruptcy/general/
http://definitions.uslegal.com/s/security-interest/
http://definitions.uslegal.com/p/priority/
Please see the forms at the following links:
http://www.uslegalforms.com/bankruptcy/california-bankruptcy-forms.htm
http://www.uslegalforms.com/ca/CA-BANKR-4.htm
