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cfortunato, Attorney
Category: Bankruptcy Law
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Experience:  Bankruptcy professor.
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Can a Chapter 7 debtor, who has been discharged, amend Scedules

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Can a Chapter 7 debtor, who has been discharged, amend Scedules A, B, and C, to now select federal law (exemptions) rather than state law as originally filed? Why would a person do this under a motion to avoid a lien on real estate?
Submitted: 7 years ago.
Category: Bankruptcy Law
Expert:  cfortunato replied 7 years ago.
Hi tjog,
It is possible to re-open a Bankruptcy case to "administer assets, to accord relief to the debtor, or for other cause". Bankruptcy Stat. 350(b).
If amending Schedules A, B, and C will help the debtor, the court may allow the case to be re-opened. However, I'm not sure that it makes sense to re-open the case to try to avoid a real estate lien, as the New Mexico homestead exemption ($30,000) is greater than the federal homestead exemption ($20,200).
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