What can I do if there is an error in my bankruptcy paperwork? 14 Answers as of April 05, 2011

I have found that my name was misspelled on the paperwork signed at closing of my bankruptcy. Is there any question about the legality of the deal?

Ask a Local Attorney. 100% Anonymous. Free Answers.

Free Case Evaluation by a Local Lawyer: Click here
Financial Relief Law Center
Financial Relief Law Center | Mark Alonso
You should file an amendment to correct the spelling. If you had an attorney to represent you, contact them. If you did it yourself, contact the clerk's office. If the case is closed you may have to open it to make the amendment. Also, be sure that your social security number was correct.
Answer Applies to: California
Replied: 4/5/2011
Indianapolis Bankruptcy Law Office of Eric C. Lewis
Indianapolis Bankruptcy Law Office of Eric C. Lewis | Eric Lewis
Yes, this is a very big deal. You will have to file an Amended Petition with the court.
Answer Applies to: Indiana
Replied: 3/28/2011
Janet A. Lawson Bankruptcy Attorney
Janet A. Lawson Bankruptcy Attorney | Janet Lawson
Contact the clerk at the courthouse. They are the only ones who can fix it. Most creditors identify you by your ssn number, so it might not be a fatal problem, but you should see the clerk.
Answer Applies to: California
Replied: 3/25/2011
Bankruptcy Law Center
Bankruptcy Law Center | Bill Zurinskas
As long as the case is not closed, you normally can file an amendment the bankrupty documents.
Answer Applies to: Colorado
Replied: 3/24/2011
Ferguson & Ferguson
Ferguson & Ferguson | Randy W. Ferguson
You should tell your attorney who is handling your bankruptcy. Only they can give you advice on your filed case.
Answer Applies to: Alabama
Replied: 3/25/2011
    Law Offices of Michael J. Berger
    Law Offices of Michael J. Berger | Michael J. Berger
    Errors in your bankruptcy petition and schedules can and should be corrected at the earliest possible opportunity. You can amend your bankruptcy petition and schedules at any time from the beginning of the case until the case is closed. If you have an attorney, your attorney can help you with this.
    Answer Applies to: California
    Replied: 3/24/2011
    Greifendorff Law Offices, PC
    Greifendorff Law Offices, PC | Christine Wilton
    If you hired an attorney, ask them to look into it. If you're representing yourself, then you should call the court clerk to request a correction.
    Answer Applies to: California
    Replied: 3/24/2011
    Law Office of Harry L Styron
    Law Office of Harry L Styron | Harry L Styron
    I don't know what you mean by the "closing of my bankruptcy". If you mean the Petition you can file an amended petition. If you mean the discharge, it should bear the same name as the Petition, and if the clerk's office misspelled it, you should write them a letter correcting it.
    Answer Applies to: California
    Replied: 3/24/2011
    Gus Johnson Attorney at Law
    Gus Johnson Attorney at Law | Gus Johnson
    You need to file an amendment
    Answer Applies to: South Dakota
    Replied: 3/24/2011
    The Law Office of Mark J. Markus
    The Law Office of Mark J. Markus | Mark Markus
    On what paperwork was your name misspelled? Are you talking about the discharge order? It would be unusual (if not impossible) for your name to be spelled on a notice from the court unless you misspelled it on paperwork you (or your attorney) submitted. It shouldn't affect anything because usually your social security number appears on the document as well, but again I don't know which specific document you're referring to.
    Answer Applies to: California
    Replied: 3/24/2011
    Mercado & Hartung, PLLC
    Mercado & Hartung, PLLC | Christopher J. Mercado
    Mistakes can be fixed. Section 1323 allows for a plan to be modified either before or after confirmation.
    Answer Applies to: Washington
    Replied: 3/24/2011
    Burnham & Associates
    Burnham & Associates | Stephanie K. Burnham
    The most important part of your Bankruptcy is the original Petition, your Social Security Number and your Discharge. Your Bankruptcy can be re-opened and a notation added to correct the error, but it will depend what document had the miss-spelling to determine whether or not it is significant enough for it to be worth the effort.
    Answer Applies to: New Hampshire
    Replied: 3/24/2011
    The Orantes Law Firm
    The Orantes Law Firm | Giovanni Orantes
    What do you mean by "closing of my bankruptcy"? If you already got your discharge and the case was closed, you may need to reopen it to correct your name; otherwise, creditors may not stop bothering you. If the case has not been closed, then you should file an amendment to the petition. You should consult counsel on this.
    Answer Applies to: California
    Replied: 3/24/2011
    Diefer Law Group, P.C.
    Diefer Law Group, P.C. | Abel Fernandez
    You need to file an amendment. If there was a mistake on your bankruptcy paperwork, you can fix it by filing an amendment.
    Answer Applies to: California
    Replied: 3/24/2011
Click to View More Answers:
12 3 Free Legal QuestionsConnect with a local attorney