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Phillips Esq.
Phillips Esq., Attorney-at-Law
Category: Bankruptcy Law
Satisfied Customers: 19110
Experience:  B.A.; M.B.A.; J.D.
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In a chapter 13 bankruptcy, I filed a motion to void a 2nd

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In a chapter 13 bankruptcy, I filed a motion to void a 2nd mortgage lien as being wholly unsecured. I misnamed the bank. I called it SuchAndSuch Savings and Loan, but their name is XXXXX XXXXX Bank.

The motion to void is already filed. How do I correct the name? Am I supposed to file an amended motion to void the lien? Or does it matter?
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Question: In a chapter 13 bankruptcy, I filed a motion to void a 2nd mortgage lien as being wholly unsecured. I misnamed the bank. I called it SuchAndSuch Savings and Loan, but their name is XXXXX XXXXX Bank.

The motion to void is already filed. How do I correct the name? Am I supposed to file an amended motion to void the lien? Or does it matter?


Response: Yes, it matters who you named as the bank. You need to file an Amended Motion naming the correct bank. Otherwise, the bank would file Motion to Dismiss because you named the improper bank.
Customer: replied 4 years ago.

After making any corrections to the motion, is the only other difference between the amended motion and the original


motion the word "Amended" in front of the Motion?

After making any corrections to the motion, is the only other difference between the amended motion and the original


motion the word "Amended" in front of the Motion?

 

 

Response: Yes, that is correct.

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