Skip to main content

Does amending a Chapter 7 Statement in order to add an overlooked income item make the original info bad faith or fraud?

Nashville, TN |

Same question, regarding amending Schedules B and C to add overlooked property?
Within the first 14 days following filing Chapter 7 Voluntary Petition.

Attorney Answers 4


Fraud requires intent on your part. How is it that you overlooked income or property that you had? Were you thinking that you could hide something and then thought the better of it? That could be considered fraud. If on the other hand, you forgot that you actually owned the rowboat that your brother has been using for the last four years, or, you did not include the occasional pay from the volunteer fire department, then it is much less likely that someone could prove you intentionally failed to list the items. Inadvertent omission is not fraud. Intentional omission could well be. Often the amount involved makes a difference. If the rowboat were a yacht it would get a lot more attention.

Mark as helpful

6 lawyers agree


You filed without an attorney, didn't you? Well, first consult with a BK attorney to discuss how to handle amendments. Your question doesn't provide enough information to accurately answer it.

Be sure to designate "best answer." If you live in Oregon, you may call me for more detailed advice, 503-650-9662. Please be aware that each answer on this website is based upon the facts, or lack thereof, provided in the question. To be sure you get complete and comprehensive answers, based upon the totality of your situation, contact a local attorney who specializes in the area of law that involves your legal problem. Diane L. Gruber has been practicing law in Oregon for 26 years, specializing in family law, bankruptcy, estate planning and probate. Note: Diane L. Gruber does not represent you until a written fee agreement has been signed by you and Diane L. Gruber, and the fee listed in the agreement has been paid.

Mark as helpful

3 lawyers agree


Better to correct the oversight now yourself, than have the Trustee discover it. By you acknowledging and corecting it early it is much more likely to be perceived as innocent. Mistakes occur in petitions everyday. You should not have a problem in this regard. You should immediately contact your attorey to discuss amending immediately.

Mark as helpful

1 found this helpful

4 lawyers agree


As a matter of right, you are entitled to amend your schedules at any time once you have discovered new information. Omissions would probably not be considered fraud, if you did not intend on hiding such info. Make sure to send a courtsey copy of your amendments to your trustee.

Mark as helpful

1 found this helpful

2 lawyers agree

Criminal defense topics

Recommended articles about Criminal defense

What others are asking

Can't find what you're looking for?

Post a free question on our public forum.

Ask a Question

- or -

Search for lawyers by reviews and ratings.

Find a Lawyer

Browse all legal topics