Amendment
Hi. I'm in desperate need of help. My husband and I have had a terrible experience with our bankruptcy lawyer and had to fire him. He filed the papers, but told us we would have to correctt something with an amendment. We're terrified. We have no idea how to do this and we can't afford a new lawyer. How do we find out how to file this amendment (or whatever it is)? Any help is greatly appreciated. We are stresed beyond belief. Thank you.
Answer:
If your bankruptcy attorney did a poor job for you, the court has the right to order a full or partial refund on the fee you paid. You should discuss the issue with your new bankruptcy attorney; they might be paid out of the proceeds. As far as the amendment is concerned, papers can be amended in lots of ways, depending on which document it is and what needs to be changed. I assume you are talikng about amending your schedules. This is not a problem if the case is not yet closed. Under the Code one can amend their schedules anytime prior to closing of the case. If discharge has occurred, a motion to reopen is prerequisite and then amendment can be sought by motion. You should discuss with a bankruptcy lawyer or visit legal aid service in your area for specific details.
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