The following is for the exclusive use of attorneys. This firm does not make any representations as to the accuracy or current status of any case cited herein.
Debtors may amend their Schedules at any time — F.R.Bankr.P 1009 — but some courts hold that this right is dependent upon the Debtors’ acting in good faith and no other parties being prejudiced by the late amendment. See, e.g., In re Cinelli, Chapter 7, Case No. 05-16962 , United State Bankruptcy Court of the Northern District of New York , 2006 Bankr. LEXIS 3432; In re Price, Bankruptcy Case No. 06-62721-MGD , United States Bankruptcy Court for the Northern District of Georgia, Atlanta Division, 2006 Bankr. LEXIS 3247.
Kertesz v. Ostrovsky (01/28/04 – No. G030640, G031373) (California Appellate Districts) Plaintiffs’ complaint, seeking an unpaid judgment, was timely; the limitations period was tolled by defendant’s bankruptcy petition and by the resulting automatic stay. Judgment of dismissal is accordingly reversed.