Bankruptcy Law Questions? Ask a Bankruptcy Lawyer Now.
Hi, I'd like to help you with your bankruptcy question this morning.
Was the original amount you claimed in the adversary actually discharged, or what was the result of the adversary proceeding (with the incorrect principal balance)?
Was this a Chapter 7 or 13 bankruptcy? Did you receive a discharge in the bankruptcy?
The amount I claimed on the adversary has not been discharged yet. This was a chapter 7 I reopened which I had originally received a discharge. The interest accrued prior to reopening the bankruptcy but was not added to the principal until after I filed the adversary complaint.
Have you tried to file an Amended Complaint in the adversary proceeding to reflect the new balance? If the clerk isn't allowing you to amend, file a Motion to Amend Complaint and let the bankruptcy judge hear it. The judge may technically have discretion to deny your Motion, but I'd be very surprised if the bankruptcy judge didn't allow it as a practical matter.
I have been granted a hearing next week regarding amending the demand amount. Any advice?
I need advice to annul my order to amend my adversary complaint. I didn't know this would cancel out the first one which I had already received a default judgement.
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