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Question on how to fill out Schedule F

Fort Bragg, CA |

I owe money on my credit cards and one medical bill, so there is no dispute there. I stopped paying on them last month. I am just trying to figure out if I have to choose one of these boxes? Contingent, liquidated, disputed?? What does "date claim was incurred and consideration for claim" mean?

Attorney Answers 5

Posted

If those are your only options, list "liquidated."

P.S. My forms allow "undisputed" as a choice. Sorry, if my earlier answer was unhelpful.

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Posted

You would check "undisputed". List the date of the hospital visit or doctor visit or the date the credit card was obtained. Finally, the debt consult be listed as "consumer debt" or "medical debt.

This answer in no way creates an attorney-client relationship. The answer is not a complete answer and requires additional facts in order to provide the best options. The submitter accepts the risk of relying on such an incomplete answer and waives any claims of damages for doing so. As stated in the answer the submitter should contact a qualified bankruptcy attorney is discuss these issues further before any action is taken. Any action taken without advise and counsel of a qualified attorney is inadvisable.

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Posted

Unless the debt is disputed, no one at the bankruptcy court really cares about these boxes.

The date claim was incurred is also unimportant unless the debt was made during the prior 6 months. The consideration is the description of the debt, such as credit card purchases, medical, trade debt, utility, etc.

BTW, you should reconsider your decision not to hire an attorney. Filling out the paperwork is the most mindless part of any case I handle. You have no idea what goes in to planning a bankruptcy & you will have to be very lucky to avoid having problems unrelated to the paperwork.

Hope this perspective helps!

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1 lawyer agrees

Posted

There are bankruptcy trustees in some districts that will make a bankruptcy filer amend the petition to complete the "date claim was incurred and consideration for claim" if this is left blank. This is one of the reasons you need to consult with a bankruptcy attorney in your jurisdiction before filing. While bankruptcy law is federal, based on the U.S. Bankruptcy Code, there are disparities in the procedure, the rules and they way the cases are handled in different states and districts.

The date a claim was incurred is usually shown on a credit report. Most bankruptcy attorneys pull credit before proceding with a case and individuals can obtain a free credit report once a year from a website my clients tell me they have found relatively easily.

As to 'consideration for claim' generally it is sufficient to state 'consumer credit' or 'business credit'. But, some bankruptcy attorneys will provide a more specific descriptive such as 'clothing and household purchases' or 'appliances and home repair items'.

Most claims are liquidated, even if the amount you owe on the debt constantly changes with the piling on of interest, costs, fees and the rest. Liquidated simply means that the amount is calculated or calculable at any given point in time from some formula. A disputed claim exists where the parties disagree, for example a contractor says you owe X but you say you owe Y because the work was not completed or completed properly. Finally a contingent debt is one that arises on a condition. You will owe X contractor contingent on completion of the job. There is a furniture company in New England that sells furniture on credit and it is free if the Red Sox win the World Series. That is a contingent debt. Consumers have actually gotten free furniture twice in the last century.

Do not leave things blank on your bankruptcy petition - it begs questions.

Bankruptcy requires full, truthful disclosure of everything regarding your income, assets and debt. I believe most of us who have sat through creditors meetings have seen horror stories among those who have attempted a do it yourself approach. That is why I suggest that you truly cannot afford NOT to retain an experienced bankruptcy attorney in your jurisdiction to guide you through the procedural and legal challenges in bankruptcy.

My office represents consumer debtors in chapter 7 and chapter 13 bankruptcies in Massachusetts and New Hampshire.

CLICK HERE for "Should I File Bankruptcy, What do I Consider While Thinking About It"
http://www.attorney-myers.com/legal/2011/06/should-i-file-bankruptcy-what-do-i-consider-while-thinking-about-it/

Law Offices od Andrew D. Myers

North Andover, MA - Derry, NH

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Posted

Dorothy Bunce's answer is the better for several reasons.

1) she is right, you are spending way too much time focusing
on the least important elements; I realize you are a lay person
and what to do it 100% correct; the reality is that as she said,
the practical effect of designating disputed or undisputed
or liquidated are of little concern, if at all, in a Chapter 7

Consideration for claim means: what did you get when
you incurred the debt? Medical bills? Utility service?
For credit cards, just indicate credit card charges.

Date claim was incurred--for credit cards I put "Various Dates"

Contingent means: is the debt readily determined, as with a
credit card bill or hospital bill, or is it undetermined. An example
of unliquidated would be where you were at fault for an auto
accident, and the other person is suing you for pain and
suffering, until a judge or jury makes a decision, the amount
is undetermined.

I hope you found this response to be of assistance. This response shall not be considered the rendering of legal advise but instead a general response to a general question. While Avvo is a wonderful resource, nothing can be a substitute for an in-depth consultation with an attorney in the jurisdiction in which the law is to be applied. This response shall not be deemed to create an attorney-client relationship, nor shall it create an obligation on the part of the attorney to respond to further inquiry from the questioner.

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