Bankruptcy: The Schedules STAFF PICK

Andrew Daniel Myers

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Bankruptcy Attorney

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Posted over 4 years ago. 9 helpful votes

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Schedule A - Real Estate

Schedule A lists all of the real estate that you own as of the date of filing. This is obvious with respect to your home, if you own the property. It may not be so obvious, for example, with respect to a time share. Many time shares come with a deeded interest, and this must be listed on this schedule. You also need to list the value of the property on the date of filing and the amount of any outstanding secured claim, usually your mortgage.

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Schedule B - Personal Property

This schedule lists many categories of all other property that you own other than real estate. There is a category for other. A 401K or other ERISA type retirement savings plan must be listed here even though you may state "not in bankruptcy estate". All bank accounts, jewelry, collections and other property must be listed on this schedule, with the value as of the date of filing listed.

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Schedule C - Property Claimed as Exempt

On this schedule you need to look back at each and every piece of property listed on A and B and make sure that there is an exemption available to cover it. Bankruptcy is a federal law. But, each state has its own exemption law. In some states you are allowed to use federal exemptions. Never file a bankruptcy petition without making sure that all of your property is exempt, otherwise the trustee can administer it. That, potentially, means take and sell or require you to pay cash value to keep.

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Schedule D - Creditors Holding Secured Claims

This is your mortgage company, the car loan company and any other lender that has the right to repossess any of your property if you do not pay the loan payments on time. Among things you list here are name and address of the lender, date of origination of the loan, the total amount that you owe, and any unsecured portion remaining on the house, car or other collateral above the value of the loan.

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Schedule E - Creditors Holding Unsecured Priority Claims

Here you must schedule priority claims including domestic support obligations, any wages that you, as an employer might owe to employees, taxes and certain other debts owed to governmental bodies, claims against you for injuries or death caused by intoxication and deposits that you may hold for folks such as tenants.

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Schedule F - Creditors Holding Unsecured Nonpriority Claims

This is all unsecured debt that you owe. It may be largely credit cards. But, you must also list all outstanding medical bills, bills for magazine subscriptions, that stuff you purchased on TV, personal loans that you received from friends, relatives or anyone else and all other debts that are not secured like a house or car. You must list the name, correspondence mailing address that has been given to you on any piece of mail from the creditor in the last 60 days, as well as the amount due. Only give the last four actual digits of your account number. The rest is "redacted" by putting in xxxxxx to replace the omitted digits.

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Schedule G - Executory Contracts and Unexpired Leases

Schedule G must list all contracts under which you are obligated on the date of filing your petition, including any car or cars that you lease. Cell phone contracts are listed here. Whether you are a tenant or landlord, leases under which you are obligated on the date of filing the petition must be listed on this schedule. In a phrase or two, describe the nature of the contract.

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Schedule H - Codebtors

This schedule requires that you provide the name and address of any person or entity, other than a spouse in a joint case, that is also liable on any debts listed in the schedules of creditors. The most common codebtors are parents, boy and girlfriends, ex girl and boyfriends, and others with whom the debtor has been able to get to co sign on a loan. These folks must be listed on this schedule, also giving the name and address of the creditor on this loan.

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Schedule I - Current Income of Individual Debtor(s)

This schedule lists current income, and importantly, prospective income after the filing of the petition. The numbers are averaged out on a monthly basis and can be based on your income over the last year. However, if you have lost that employment, or if job loss is imminent, then Schedule I includes the income that you expect to receive over the next year. This is an estimate of your average or projected monthly income at the time the case is filed.

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Schedule J - Current Expenditures of Individual Debtor(s)

Here, the average or projected monthly expenses of the debtor and the debtor's family are listed. List everything by category including rent or mortgage payments, all bills, insurance, and things like clothing, food and charity. Everything you spend on an annual basis divided by 12. Stated a different way, everything you spend each week multiplied by 4.33, because the average month has that many weeks. At the bottom of "J" you enter your average monthly income from schedule "I", then subtract the total expenses from schedule "J", and this result, your "monthly net income" is one of the more important numers on the petition.

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Other

Schedules A - J are crucial to your petition. But, there are other documents that must accompany your filing. The documents must be completed fully and accurately. Bankruptcy requres disclosure of all assets, income and debt. It is highly advisable to obtain an experienced bankrupty attorney in your jurisdiction to assist you with these and the other documents that are filed along with your bankruptcy petition.

Additional Resources

General Bankruptcy Information

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