I filed Chapter 7 and looking at my case on Pacer. I am missing some items. One is Schedule D Creditors Who have claims secured by property. Schedule D is titled 106 D so is that the document they reference?
Yes, student loans should be listed. All creditors need to be included.
106D is schedule D
I am licensed in NC and practice bankruptcy and consumer debt law in the greater Raleigh area. This post does not create an attorney-client relationship, and is for general information only.
Whether or not something is discharable or not does not determine whether or not it should be listed. You are required under Bankruptcy law to list ALL assets and liabilities, all income and expenses. Not exceptions. To properly answer your questions and address your concerns, the best way to handle this is with an in person consultation with an experienced NC bankruptcy attorney. Use AVVO's Find a Lawyer tool to select a qualified attorney. Good luck.
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You are required to list everything you own and everything you owe, regardless of dischargeability.
Yes, 106D is schedule D.
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You committed perjury possibly if you knowingly failed to list a creditor frankly. What do you do? Simple. File an amended Schedule F and mailing matrix and comply with your local rules on the type of notice required to be served and filed and the $30 amendment filing fee!
All debts are automatically discharged whether or not you want them to be depending on the exceptions to discharge in 11 USC 523! I hope you look at all your filed schedules and statements and fix any that are NOT accurate. You can read the language required to be there already about fines and imprisonment for false schedules. Having said that , MANY persons make mistakes..the key is to fix them and do so quickly! Good luck and have a nice night.
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