QUESTION

How can I amend Chapter 7?

Asked on Aug 10th, 2013 on Bankruptcy - Missouri
More details to this question:
I want to amend my chapter 7 by adding my tax return on to it. Do I put the amount I actually received or only the EIC? I know I need to amend B and C I'm just not sure what to put.
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4 ANSWERS

Debt Settlement Attorney serving San Diego, CA at Law Offices of Kathryn Tokarska
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My answer assumes a few things. First, that your bankruptcy case is still open. Second, that you need to amend your schedule B & C because you have a refund that you did not yet receive, not a refund you received before the filing your bankruptcy case or because you owe income taxes. To amend the petition, you will need to file with the court an Amendment Cover sheet (see bankruptcy court in your jurisdiction for the form and read the form carefully as it has instructions) and an Amended version of Schedule B & C. You will likely also need to file an amended Summary page updating the totaled figures on this form for Schedule B and C. The Amended version of Schedule B & C, should have the word amended at the top next to the heading and list only the items being changed. For example "added Income Tax refund" in the appropriate row & the amount. You can exempt the full amount on Schedule C provided you have enough exemption to cover it. If you cannot exempt it because there is no exemption to cover it, then the tax refund can be taken by the Trustee. A copy of the Amendment cover sheet and the Amended schedules need to be served on the Trustee and U.S. Trustee that means mailing a copy to these parties before filing the forms with the court (see second page of the Amendment Cover sheet that contains information about proof of service that you will fill out prior to filing the form with the court. Hope this helps but beware that different local jurisdictions may have different ways of doing things.
Answered on Aug 13th, 2013 at 9:17 AM

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Bankruptcy Attorney serving Las Vegas, NV at A Fresh Start
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I think you mean you want to amend to include your tax refund. The return is the paperwork. List the entire amount of the refund, if known, on Schedule B. Then claim the amount attributable to EIC on Schedule C and use any wildcard exemption available to claim the remaining portion of the refund amount.
Answered on Aug 12th, 2013 at 8:07 PM

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Bankruptcy Attorney serving Las Vegas, NV
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You put the entire tax refund amount on schedule B. On schedule c you are only allowed to claim the earned income credit. Amend both schedules accordingly.
Answered on Aug 12th, 2013 at 2:17 PM

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You should put the amount of the entire refund and then try to exempt as much as possible on Schedule C.
Answered on Aug 12th, 2013 at 11:58 AM

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