Should I file an Amendment or just send in the corrected paperwork to the court and trustee? I only filed a few days ago and have not yet have a date for my 341.
If it is inaccurate, you should file an amendment and serve the appropriate parties.
Mark Markus has been practicing exclusively bankruptcy law in California since 1991. He is a Certified Specialist in Bankruptcy Law by the State Bar of California Board of Legal Specialization, AV-Rated by martindale.com, and A+ rated by the Better Business Bureau. His webpage is www.bklaw.com
Legal disclaimer: Mark J. Markus practices law in California only. The information is not, nor is it intended to be, legal advice. You should consult an attorney for individual advice regarding your own situation. Answering this question does not in any way constitute legal representation.
Atty Markus is correct, but you could also wait until your 341(a) meeting. At that meeting one of the questions the Trustee will ask you is if there are any errors or if you have any changes or corrections to make. You can then point out those two items. The Trustee will then let you know if they want you to amend or not. If so, you will usually be given a week or so to file the amendment. The advantage is that the Trustee may point out additional items or omissions they wsnt you to correct, so you will be able to amend everything you need to all at once with one filing.
When one of my clients discovers and error on a form, we file an amended version of the document. I also make sure to let the trustee know that there is a correction that has or will be made.
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As you can see, representing yourself without extensive legal experience or knowledge can prove to be a challenge. It may not be possible to learn every law or detail. A lack of time, resources, and knowledge are difficult obstacles to overcome. Your case is complex so it's better to hire a lawyer to handle it for you. There are a lot of excellent lawyers in your city.
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