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one more question re: secured or unsecured?

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    one more question re: secured or unsecured?

    My friend and her husband have two loans with a finance company. These are the type where you initially receive a low amount (I think they started at $300), secured by two types of collateral, like a camera and a DVD player. Over time, they became customers in good standing, and their loan amounts inched upward. She now owes $2,000 (plus ridiculous interest fees), and he owes $3,000. Obviously, their original collateral isn't worth that much, but it was always put down as the items securing the loans with each increase/new contract. How does she record this? I know they are at least partially secured, so she should put it on Schedule D, but is it a fully secured or partially secured debt? Here is what the form looks like that she is using (I assume they are uniform, but just in case they vary by districts):

    CREDITOR’S NAME AND
    MAILING ADDRESS
    INCLUDING ZIP CODE AND
    AN ACCOUNT NUMBER

    CODEBTOR
    HUSBAND, WIFE,
    JOINT, OR
    COMMUNITY

    DATE CLAIM WAS
    INCURRED,
    NATURE OF LIEN ,
    AND
    DESCRIPTION
    AND VALUE OF
    PROPERTY
    SUBJECT TO LIEN

    CONTINGENT

    UNLIQUIDATED

    DISPUTED

    AMOUNT OF CLAIM
    WITHOUT
    DEDUCTING VALUE
    OF COLLATERAL

    UNSECURED
    PORTION, IF
    ANY


    If part of it is unsecured, how does she calculate that portion? Thanks.
    Filed No Asset Ch. 7, pro se, 08/18/2008
    341 meeting is 09/25/2008
    Last day for objections is 11/24/2008
    Discharged: 11/28/2008

    #2
    When I had them, I put them on Schedule F as Unsecured. In many cases, these companies will file an unsecured claim anyhow.
    Chapter 7 (No Asset/Non-Consumer) Filed (Pro Se) 7/08 (converted from Chapter 13 - 2/10)
    Status: (Auto) Discharged and Closed! 5/10
    Visit My BKForum Blog: justbroke's Blog

    Any advice provided is not legal advice, but simply the musings of a fellow bankrupt.

    Comment


      #3
      Thank you.
      Filed No Asset Ch. 7, pro se, 08/18/2008
      341 meeting is 09/25/2008
      Last day for objections is 11/24/2008
      Discharged: 11/28/2008

      Comment

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