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Does the form have to be filled out if the debtor does not own any property except clothes?

New Bern, NC |
Filed under: Bankruptcy

The household property and two cars are owned by the spouse. Car titles are in spouse's name. There are no IRAs, Roth Accts., or savings or any other money accts in debtor's name. The debtor owns no life insurance policies or burial plots. The debtor receives SS only as does the spouse. Neither the debtor nor spouse owns real property. The debtor lost job in 2009 and is unemployed as is the spouse who lost job in 2010. All household furnishings and goods belong to the spouse. No personal injury benefits have been or are being received. The debtor receives no alimony or child support.

Attorney Answers 2


  1. All of the forms have to be completed even if the answer is none. In schedule B debtor in this case would answer none to each catagory of property that he or she does not have. It is doubtful that the debtor owns nothing but clothing. If they have Social Security income they should have some cash or accounts. Any property of the debtor needs to be listed even if it is of little value.

    The answer above is for general information purposes only. You should talk to an attorney to determine your specific legal rights.


  2. Mr Troutman's answer is on point. Although the facts set forth indicate that this will be a relatively straightforward Chapter 7 no-asset case, there is no way for the Trustee and/or the court to know that there are no non-exempt assets to administer, etc., if the debtor does not attest to to these facts under penalty of perjury. The fastest runner still has to run the race before he gets his medal.

    This info is for basic information only and no attorney-client relationship should be construed. If you need actual legal representation, you should consult with a lawyer in your area who is licensed to practice in your state.

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