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socrateaser
socrateaser, Attorney
Category: Bankruptcy Law
Satisfied Customers: 38451
Experience:  Attorney and Real Estate Broker -- Retired (mostly)
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I have filed bankruptcy and have an upcoming 341 hearing.

Customer Question

I have filed bankruptcy and have an upcoming 341 hearing. I have incorrectly listed a creditor and I need to remove them from my matrix. How do I do this properly and also serve them notice that they have been removed from my creditor list? Also how do I notify the appropriate creditor in a timely manner? I am very nervous about the hearing. There are a few creditors in particular that I am afraid will badger me or ask uncomfortable questions that I will be under oath to answer. How do I handle this as well? Thanks
Submitted: 6 years ago.
Category: Bankruptcy Law
Expert:  socrateaser replied 6 years ago.

A debtor is entitled to amend a petition at any time, as long as it is not done in bad faith. The debtor must provide notice of the amendment to the trustee and any affected party, which is probably every creditor.

 

You can probably file a pleading page stating a notice of the schedule(s) being modified, attach the modified schedule(s) and then serve copies on the affected parties and the trustee. You may want to review the bankruptcy court local rules to determine whether or not there are any specific local requirements (because every district court has different rules for different circumstances).

 

Re the 341 hearing, most of the time, it takes about 10 minutes. You just sit there and answer the questions a best you can, unless you don't know the answer, in which case you say you don't know. And if you think you could be subject to some criminal liability, then you should hire a lawyer, because you need to review those types of concerns in a confidential setting.

 

Seriously, though, most of the time no creditors show up -- so, unless you have someone with a personal vendetta, you're likely to be there with other creditors and the trustee, and no one else (except for creditors of other debtors).

 

Hope this helps.

 

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Customer: replied 6 years ago.

So do I simply ammend the creditor matrix and resubmit it paying the $26 fee to the bankruptcy court?

 

Is there some form that I can complete that will serve as a notification or is there specific information that should be on the document?

Expert:  socrateaser replied 6 years ago.

That's how I would do it. Though I don't know what the fee is currently.

 

As for forms, I believe that you can amend the petition via electronic filing. Check the court website.

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