My question involves bankruptcy in the state of: Texas. If you change your mind and decide to not reaffirm, must you amend statment of intentions, or just leave it alone?
My question involves bankruptcy in the state of: Texas. If you change your mind and decide to not reaffirm, must you amend statment of intentions, or just leave it alone?
No. Ive just not done this before, so i dont know if im required to ammend, ir just not file reaffirmation.
Rule 1009(b) of the Rules of Bankruptcy Procedure states:
§521(a)(2) gives the debtor 30 days from the petition date or by the date of the 341 meeting, whichever date is earlier, to file the statement of intention. Based upon this, any amendment must be done within this same time period.The statement of intention may be amended by the debtor at any time before the expiration of the period provided in §521(a) of the Code. The debtor shall give notice of the amendment to the trustee and to any entity affected thereby.
The Rule states “may” amend. It does not state “shall” amend. I take the position that if my client changes his/her mind, no amendment is necessary.
Des.
Ok. And so it is not required, the case wipp no face dismissal if not amended? Also, are you sure that its 30 daya from the petition date, or is it 30 daya from the first set date of 341 meeting, becuase from what I understood is it must be amended by the time allowance to act upon those intentions?
So if you state your intentions are to reaffirm, are you bound by those terms if you do not amend?
Just found this, are their answers accurate?
http://www.avvo.com/legal-answers/regarding-statement-of-intention-chapter-7-do-i-ne-1487002.html
Here is the link to the Rule
https://www.law.cornell.edu/rules/frbp/rule_1009
Here is the link to the Section 521
https://www.law.cornell.edu/uscode/text/11/521
Read them and you will have your answers.
A statement of intention, is just that. . . a statement of what you intend to do, not what you are absolutely going to do.
Des.
So as to what you see, an admendment isnt necessary?