Hello, my name is XXXXX XXXXX I would love to assist you. Give me a moment to research your issue and I will answer promptly.
Yes you can amend the Schedule C.
The only time there is a question on it...
is if you did not originally list the motorcycle, as in tried to hide it.
It does not sound as if you did that here
So you are free to amend at any time and I recommend doing it ASAP.
If you have any more questions, please let me know! Also don't forget to provide a positive rating so that we get credit for our session! Have a great week.
I will be online off and on tonight, so feel free to post a question and I will get back to you as soon as possible!!!
Can you tell me the link to the forms I need to amend?
Sure, let me pull that up.
This is a writable Schedule C.
ya got that one. what about a cover sheet for the amendment?
Basically type everything from your original on it, and then add in the motorcycle.
There is no cover sheet, just write amended on it
Then do a Certificate of Service, stating that you served on all parties
Then just file it with court and you will be good.
There is no required form of certificate of service. The certificate needs to be signed and dated by the Debtor and must include the following information:
Some districts recommend a cover sheet however
What district in California are you in?
link for certificate of service?
ok this is cool even though the BK has already been discharged?
Is the case still open?
No Final Decree?
As long as case is still open for the Trustee to administer assets, you are fine
once your case is finally and officially closed, you cannot amend
order closing case was filed in 2010
Who is looking to come after the motorcycle
GE Capital Bank
What basis do they have to come after it?
Are they the original lienholder?
I had a loan from them. yes.
and they sued you and put a lien on the motorcycle?
they are just on the title and when i called to clear it they wanted to pass me to reposessions
So you got a loan from them and secured it by your motorcycle?
they provided the financing when i bought through yamaha originaly
so this is the original lien on the motorcycle?
Ok, so you stopped paying them at some point?
Unfortunately Schedule C and the exemptions dont affect them.
yah. the balance shows zero now on my credit
But is it really zero or did they write it off or something?
Unfortunately as long as they have title, tehy can make you pay.
Best idea would be to settle maybe
to contact them and say Hey I'll give you $500.00 for title
As a secured creditor, though, they have priority on the title over any exemption you have
so amending the BK petition wont do anything to them
that only affects subsequent creditors, like a credit card company, from trying to put a lien on it
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