Why Amend?

• A common reason to amend a bankruptcy filing is to name a creditor on the creditor's matrix that you did not originally include. Your creditors receive notification of your bankruptcy from an official letter that the court mails to the creditors listed on that matrix. If a creditor is not listed, then they will not receive a notification of the bankruptcy, and will not have the option to object or file a claim against any assets of the estate. You may also want to amend your bankruptcy if you forget to include an asset or amount of income, or if there is an error in any of the documents.
  
  

Amendment Process

• Amending your bankruptcy before your case is discharged and closed is a straightforward process. You file a copy of the new schedule with the court, which adds the information to your case. After your bankruptcy is discharged, the process changes. You must file a motion to re-open the case with the court. The motion should state why you wish to re-open the bankruptcy case, and any facts related to the matter. The federal bankruptcy judge must issue an order re-opening the case before you can file any amended paperwork. The court follows a process for notifying any affected parties about the changes, and proceeds from there.
  
  

Cost of Amendment

• Federal bankruptcy court is allowed by law to charge fees to amend a bankruptcy. As of 2011, the fee to amend a schedule in a case that is still open is $26. The judge can waive the fee under certain circumstances. No fee is charged if you only need to change a creditor's address. The re-opening process is more complex, and the fees reflect this. The courts charge $245 to re-open a Chapter 7 bankruptcy case, and $235 to re-open a Chapter 13 case.
  
  

Amendment May Not Be Necessary

• While it is a good idea to be certain that your bankruptcy filing is accurate, amending a closed case may not be necessary in all circumstances. If your bankruptcy was a no-asset case, meaning that none of your assets were taken to sell and distribute proceeds to the creditors, your debt may be legally discharged anyway. This is true because the creditor would not have received anything more from your estate if you had included them originally. Nothing the debtor does by including the debt in the bankruptcy changes the nature of the debt: It is either dischargeable or it is not. If it is dischargeable, the court usually considers the debt to be discharged in the bankruptcy, just as if you had included it.