Legal Question in Bankruptcy in New York

ammending a bankruptsy

I filed for bankruptcy in october 2005...all debts were dissmissed in december of 2005. I had a promisary note for $4900 which i totally left out. I was recently taken to small claims court for the promisary note and gudgement was for the plantiff. Is it still possible to amend my bankruptcy to include the note. I filed on my own so i am not sure as what to do at this point. I do not have the money to pay this debt..as i am just getting back on my feet.


Asked on 8/29/07, 6:00 pm

1 Answer from Attorneys

Nancy Delain Delain Law Office, PLLC

Re: amending a bankruptcy

There are several hurdles:

1. Which chapter did you file for bankruptcy under? I presume from the speed of your discharge that you filed under Chapter 7.

2. Did you file BEFORE October 17, 2005? Your lawyer may have told you that the World Changed on that date for bankruptcy practitioners when the new bankruptcy law went into effect. If you filed on or after that date, the answer to your question may be different than if you filed before then.

3. How did you manage to leave a $4900 promissory note off your petition? Who is the creditor in relation to you (i.e., did you borrow the money from a friend or relative?)

4. Is the promissory note used to secure any collateral like a car, a boat, a house, a computer, etc.?

These are just some of the questions that the lawyer you will now go see will need to have the answer to before s/he can appropriately help you.

If you cannot afford a lawyer, and you are income-qualified, you can get fee-free or reduced-fee help from your county's legal aid society. Give them a call to see if you qualify for their (excellent) services.

Good luck.

THE INFORMATION PRESENTED HERE IS GENERAL IN NATURE AND IS NOT INTENDED, NOR SHOULD IT BE CONSTRUED, AS LEGAL ADVICE. THIS POSTING DOES NOT CREATE ANY ATTORNEY-CLIENT RELATIONSHIP BETWEEN US. FOR SPECIFIC ADVICE ABOUT YOUR PARTICULAR SITUATION, CONSULT YOUR ATTORNEY.

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Answered on 8/30/07, 9:49 am


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