I only have a comcast cable 1 year contract, and I'm an independent contractor so I have that contract with the company I work for as well. Do I have to list those things as executory contracts on schedule G of my Chapter 7 bankruptcy docs?
Yes, you should list both in your Schedule G.
On Schedule G, you are to list all ongoing contracts and leases to which you are a party to. So technically both the Comcast cable contract and your independent contracts should be listed on Schedule G as they are open contracts that you still must perform upon.
Does the Trustee or the Court really care about you listing or not listing your Comcast cable contract? Probably not. If you are delinquent on the cable bill, you will be disclosing the amount owed in Schedule F.
However, the contract with the company you work for should definitely be disclosed in Schedule G, as through that contract you earn an income, and therefore the terms of the employment contract plays a role in your bankruptcy.
The only thing I can add to what Mr. Liu stated is that if the one year cable contract is past the one year, then you are no longer a party to an unexpired executory contract. Thus, it would not be listed. Also, cable providers and similar service providers see that their contract is listed in bankruptcy cases all the time and provided you are current with the agreement, there should be no problem. Technically, you are supposed to assume the contract, but we never do that and provided my clients keep their payments current everything is fine.
Answers and comments provided are for general discussion only. My comments are not to be considered legal advice and they do not create an attorney-client relationship.
Both attorneys have given you excellent advice, I would just like to add that if you have lots of questions about your bankruptcy filing, it may be worth your time to speak to an attorney before submitting (many offer free consultations). Good luck!
My colleagues have given you good advice. I would add that filing your own bankruptcy petition can be a recipe for disaster. Invest the small amount of money necessary to have an experienced attorney file your potentially life changing bankruptcy petition for you!
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