Written by attorney Jeff Adrian Biddle

Completing Your Bankruptcy Schedules - Schedule A (Real Property)

Below are the "instructions" that are on Schedule A.

"Except as directed below, list all real property in which the debtor has any legal, equitable, or future interest, including all property owned as a co- tenant, community property, or in which the debtor has a life estate. Include any property in which the debtor holds rights and powers exercisable for the debtor’s own benefit. If the debtor is married, state whether the husband, wife, both, or the marital community own the property by placing an “H," “W," “J," or “C" in the column labeled “Husband, Wife, Joint, or Community." If the debtor holds no interest in real property, write “None" under “Description and Location of Property."

Do not include interests in executory contracts and unexpired leases on this schedule. List them in Schedule G - Executory Contracts and Unexpired Leases.

If an entity claims to have a lien or hold a secured interest in any property, state the amount of the secured claim. See Schedule D. If no entity claims to hold a secured interest in the property, write “None" in the column labeled “Amount of Secured Claim."

If the debtor is an individual or if a joint petition is filed, state the amount of any exemption claimed in the property only in Schedule C - Property Claimed as Exempt."

Real property is land and ownership interests in land. The most common types of real property is your house and time-shares. If you are renting, you do NOT have an ownership interest in the property so do not list it here. Mobile homes can also be classified as real property in some instances. If you own rental properties, list those here, too. In rare instances, you may also have a life estate which grants you the right to remain residing on the real property for the remainder of your life, regardless of owner or you may have a recorded beneficiary interest in property that should be listed here. If you are the beneficiary of your parents or someone else and they have NOT recorded a beneficiary deed with the county recorder but will receive the property if they die because their will says so, do NOT list it here.

It does not matter if you have a mortgage on the property, list the PROPERTY here and the debt on the property in Schedule D. They are both separate line items in your bankruptcy filing.

Also, you need to indicate how the property is owned. If it is in your name alone, write "Sole", "Husband" or "Wife". If you own it with someone else, write "J" or "C".

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