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Phillips Esq.
Phillips Esq., Attorney-at-Law
Category: Bankruptcy Law
Satisfied Customers: 19024
Experience:  B.A.; M.B.A.; J.D.
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As a Creditor, I am representing myself Pro Se in a bankruptcy

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As a Creditor, I am representing myself Pro Se in a bankruptcy case where the Debitor has file for a Chapter 7 bankruptcy and the matter is scheduled for trial. I filed my complaint citing the wrong reference for a Chapter 7 procedings. I used the U.S. Code 727 code when I should have used the U.S. 525 code. Do I need to correct this error in the form of a written motion to the court, or is this something I can do at the beginning of the trial?
Submitted: 5 years ago.
Category: Bankruptcy Law
Expert:  Phillips Esq. replied 5 years ago.
Thank you for giving me the opportunity to assist you. I encourage you to ask me for clarification, if you are not clear with my Answer.


Question: As a Creditor, I am representing myself Pro Se in a bankruptcy case where the Debitor has file for a Chapter 7 bankruptcy and the matter is scheduled for trial. I filed my complaint citing the wrong reference for a Chapter 7 procedings. I used the U.S. Code 727 code when I should have used the U.S. 525 code. Do I need to correct this error in the form of a written motion to the court, or is this something I can do at the beginning of the trial?


Response: You should file an amended Complaint. Then file the original amended Complaint with the Court and provide a copy of the amended Complaint to the Debtor. See Federal Rules of Civil Procedure Rule 15 (Bankruptcy Rule 70015):

http://www.law.cornell.edu/rules/frcp/rule_15


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