Wrong amount entered on petition for credit card debt. is this ok?

Asked over 1 year ago - White Plains, NY

My former attorney filed a bankruptcy chapter 7 petition for me. He listed the credit card but he he made a mistake and listed it as if I owed ZERO dollars on the debt. In fact I owe a few thousand to them. They did get notice because the petition was filed. Do I need to amend the petition to state the amount owed? Or am I protected with a listing of zero dollars? I really don't want to pay the fee to file an amendment if I don't have to.

Attorney answers (5)

  1. Susan Schmeidler Blum

    Pro

    Contributor Level 11

    10

    Lawyers agree

    Answered . Your bankruptcy petition serves as notice to your creditors that you have filed bankruptcy and will not be able to pay your debt to them. What is important is the notification piece. Correctly including the dollar amount that you owe an unsecured creditor doesn't matter. As a matter of fact, with interest charges, non-payments, etc., the debt amount changes almost daily. What is important is that the creditor was notified of the bankruptcy filing.

  2. Jayson Lutzky

    Pro

    Contributor Level 20

    5

    Lawyers agree

    Answered . speak with your current bankruptcy lawyer to resolve the matter.

    If this answer is helpful, then please mark the helpful button. If this is the best answer, then please indicate... more
  3. Ted A Troutman

    Pro

    Contributor Level 12

    6

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    Answered . You should first talk to your attorney and see what he recommends. You should be OK as long as you advise the trustee of the mistake at the meeting of creditors. If the trustee thinks you should amend the schedule then I would go ahead and amend it.

    The answer above is for general information purposes only. You should talk to an attorney to determine your... more
  4. John P. Brooke

    Pro

    Contributor Level 10

    2

    Lawyers agree

    Answered . I agree with the other attorneys' recommendations. Just as long as you listed the creditor and they received notice you should be fine. Adding the amount of debt tells the court and trustee how much is owed. By listing the amount owed to the creditor you discharge any amount due to them, not only the amount you listed in the petition. Even if you had several accounts with the same creditor and failed to list one account it would generally discharged that amount as well as long as they were notified of the original filing. You may want to speak with your attorney and see what s/he says. Your jurisdiction and trustees may have their own rule and the trustee may want you to amend schedule F.

    This answer is to be considered general advice and may not be the actual law in your jurisdiction. It also does... more
  5. George John Dezenberg Jr.

    Pro

    Contributor Level 9

    Answered . You may have just thrown off the Court Statistics! Other than that, no real harm done by not listing the amount owed. There should not be a fee to change the amount owed if your case is still active. If your case is closed you should be okay. Most jurisdictions have held that in a no-asset Chapter 7 your creditor would be discharged even if the creditor were not listed. Here, the creditor clearly had notice of your filing.

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