Filling out paperwork....Need help!

[Unraveled]

I've just begun filling out paperwork that my lawyer sent me home with. My husband and I will be filing Ch.7 soon. I'm on the first section of this paperwork and already confused! (Hubby wouldn't admit his confusion, so he went camping! ha!) Anyway, I hope some nice soul can help this 'dummy' out! Not real sure how to word these questions so that they'll make sense.

Regarding ScheduleA: Real Property

Do I list our home in this section? We don't actually own it yet (22 yrs left on a 30 year note, no real equity yet).

If I list it in this section, do I also list it in Schedule D: Creditors Holding Secured Claims?

I know this is probably something very simple I should be able to figure out but I am absolutely positively confused! Help from anyone would be greatly appreciated!

[edwards2]

Did your husband ask the same questions on another forum? Your question is verbatim from someone with a different name? No problem; just curious. I would list your mortgage under secured debt. Obviously the debt is secured by your property. Some of the schedules are ambigious and information could be listed under several. Dont stress about it though - just ask your attorney to be sure.

[Unraveled]

Holy Cow! Yes, that was me on the other forum! I've just discovered these forums and decided to post my questions on both, hoping to get a reply on one or the other. And WOW!! You answered on both! You are so nice and I am so grateful! My headache has gone down a couple of levels. Thank you so much!

[edwards2]

No problem - happy to try and help. Believe me I was peppering these forums with questions daily and still seek their advice. They are the therapy I needed and still need now to get me through this process. There is a wealth of information on both forums. It is comforting to know you are not in this alone and no one is judgemental. They have truly felt your pain. But whatever the root cause of the problem was or is we are all here for the basically the same reason. There are people who have already done the deed and their cases have been discharged and they are still posting to help the rest of us. One lady said the forum was so helpful to her she just wanted to give something back. That is so cool! There are also attorneys who have given us(w/o charging us....) legal perspectives. God bless them...let us know how it is going. Remember filing BK is not fatal.

[HHM]

To answer your questions,

Yes and yes. List your home on Schedule A, and list the mortgage company on Schedule D.

[FloridaGirl]

Silly question...if you have an attorney, why isn't he filling out the paperwork?

[Minnymouth]

Florida Girl,
Most attorney's have you fill out your "packet"....they only go over it with you looking for error's and then re-type it and file it for you.
Only you know your financial affairs, so they have you do it. That way if you "miss listing anything", it's not your attorneys fault. COVERS THEIR BUTT, TOO!!
Besides, it would cost a fortune for the attorney to "sit with you" while you fill it out.....

Minny

[FloridaGirl]

^^Ah, I see. My case was so simple, no assets or anything, and I didn't have to fill out any papers. All I had to do was supply addresses for all my creditors and make sure the creditor list was correct. Everything else was done, but like I said, my case was simple.