Can you amend schedules???

[ameliabedilia]

Can you amend schedules I and J?

Here is the situation- my husband was unemployed at the time of filing (10/12/07), but we had a very good job lead, basically a verbal offer, and so we knew the projected salary.

He will now make about $400 more per month than he did on unemployment, but still way under median.

I want to amend the schedules because we come in -$480 each month, and we want to keep our car lease, which is $400. I am afraid that they will try to make us give up the car due to "financal hardship" or whatever it is called. This new net pay will bring us almost to $0 each month. I really want to get this info in the file before our 341 because my husband has to fly in for the day to attend it, and I do not want there to be a chance that they will make us see the judge, or continue it or something.

Does anyone know if I can do this? I certainly don't mind paying the $26 fee if that is all it takes.

Thanks!

[jp2861]

It's interesting to come in at -480 and still file. I'm sure it happens but it seems like if someone files at a negative amount it's a pretty good indication that they'll be in financial trouble again soon after the BK. Isn't that saying that every month you'll be $480 in the hole? Don't the trustees ever question the negative number when folks file?

[ameliabedilia]

They do question it in regards to reaffirming loans, etc... which is why I want to amend it. I would love any answers.

[ameliabedilia]

okay- i have been googling for a few hours and I think I have an answer. You can amend the schedules. I am going to call legal aid tomorrow to be sure how to do it, but I think I can do it.
Most of my research has mostly been coming up with people amending their schedules to add more expenses, not to change income- especially making it higher! I think it will look clear to the trustee once he sees it or asks us about it.
I would still love any other input- especially if I am totally wrong!

[jp2861]

Not much input huh. When reading your post the biggest question that pops into my mind is why the heck would you want to keep a $400 a month lease on a car you'll never own. Especially, if you're that far in the negative.

[ameliabedilia]

We are not in the negative anymore- we were temporarily because my husband was in between jobs- we are now almost even. I don't really have super strong feelings about the car, but at this point, if we let it go we will be above by $350, so we would have way too much disposable income. Then I would have to get a new car, which would probably have a similar payment, so I just want to keep this one until the lease is up and get another one. We have had very good luck/relations with Subaru (have leased all our cars for less than $900 down), so I would like to try to keep in somewhat good standing with them if I can.
I grew up in a family that bought only used cars, and we had the worst luck with them- they were always in the shop. So, I made a decision to always have a very reliable new car, which typically means leasing in our case. I have not had car repairs in nearly 9 years, so for my peace of mind it is worth it.

I did call the court today and they stated that I can mail in any amended schedules free of charge as long as they do not include changing the list of creditors.