Expert: Mark J. Markus- California Bankruptcy Attorney - 5/6/2010

Question
I recently filed a insurance claim after my aparment was broken into. i have had an insurance investigator because the loss was great. which contained many cd/dvd's and games for ninetendo ps 1/2 and xbox including consoles along with several other items. my questions is i was told i now have to go see their attorney because the items submittd do not match the schedule b of my banckruptcy filing. upon further investigation of my own i found that my attorney did not advice me well about the schedule b and how items should be listd. so im sure to the insurance company it looks like i am trying to commit fraud. my question is am i allowd to make an amendment to the bankruptcy with a list of items tht should have been included, and how will this look since the filing is over seven years old.

thanks jc

Answer
You would have to file a motion to reopen your bankruptcy case to amend Schedule "B".  Did you own all these assets prior to filing your bankruptcy case?  If so, what was their value at that time and would you have been able to exempt them under the laws of whatever state your case was filed in?  You need to consult with a bankruptcy attorney in the location where your case was filed to see if it's prudent or necessary.  If the assets are substantial enough, it could result in a loss of your discharge.  Or it could be so minimal as to be completely unnecessary.  No bankruptcy petition would itemize cds or games.  It could be contained in "misc. household items".  I have no idea how you listed them or what their values are.  

I don't think its an issue of insurance fraud, but it could be a basis to deny a portion of your claim.  

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