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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.

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Attorney answers 4

Best Answer

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.


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.

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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.


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.