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Chapter 7 Bankruptcy. Schedules E and F: What is the difference between priority claims and non-priority claims?

San Diego, CA |
Filed under: Chapter 7 bankruptcy

Which creditors go on which Schedule

Attorney Answers 3

Posted

Most unsecured creditors will be listed on Schedule F, such as credit card debts, medical bills, etc. Schedule E creditors are those unsecured creditors which have priority over general unsecured creditors. The most common of these are domestic support obligations and tax debts, as well as other special ("priority") debts.

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If a debt has been assigned to a collection agency, do I list the collection agency or the original creditor as the creditor in schedule F? If filing jointly with my spouse, do I need to designate somehow that the debt is in my name or my spouse's name alone? Some of my bill statements have two addresses for the creditor, one for billing inquiries, and one for mailing payments, which do I use for the creditor's address?

Shalem Shem-Tov

Shalem Shem-Tov

Posted

List the original creditor, and then list the collection agency as an additional contact (so that they get notice of the BK filing)

Gerald Leonard Bauer Jr.

Gerald Leonard Bauer Jr.

Posted

Use the correspondence address, if available, when sending notice to any particular creditor. Generally, notice sent to a creditor's address contained in a recent statement the creditor has sent you which contains both your name and account number within the past 90 days is presumed to constitute proper notice under the U.S. BK code.

Posted

Non-priority claims listed on Schedule F are dischargeable. Priority claims listed on Schedule E are either non-dischargeable or are entitled to payment above other creditors if there are assets available.

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If you look at the first page of Schedule E there are a number of different types of debts that are considered unsecured but priority. This includes domestic support obligations, wages, salaries & commissions, etc. The most common type of unsecured but priority debt are taxes and certain other debts owed to governmental units. Each type of debt listed on schedule E provides for specific code sections to review discussing further those types of debts.

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Asker

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Thank you for the helpful information. If a debt has been assigned to a collection agency, do I list the original creditor or the collection agency as the creditor on schedule F?

Asker

Posted

If I'm filing jointly with my spouse, is there some special way we need to indicate which schedule F debts are in my name or my spouse's name?

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