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Schedule F - Unsecured claims - ??don't need the dates???

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    Schedule F - Unsecured claims - ??don't need the dates???

    The draft of my bk Schedule F that lists my unsecured creditors did not include the dates of those debts (EG: credit cards), and from what I can tell that is needed, and stated as needed in the form.

    I researched this and it appeared to me that dates are needed here to show the last time the credit cards were used - to prevent fraud from running up debts just prior to filing etc. So I spent a lot of time to figure all this out (I have not used ANY cards in 3 months, no cash advances for 7 months, and most cards not been used since 2008) and put this information in the corrected draft. But my paralegal said they don't need this information, and left it out when she edited the draft.

    Is this right? Even if not necessary wouldn't it be a good thing to do to show these dates? I don't want to be a pest to the paralegal/atty but at the same time I want things to be filled out as correctly as they should be.
    Well, when you're married, you'll understand the importance of fresh produce.

    #2
    Hi Kev,

    It is actually the date the debt was first created, not last time it was used. (not sure why they did it this way, your way makes more sense)

    The court clerks here in Colo said it was no a big deal and to estimate the month and year or use "prior to (date)" I forgot to put dates on several and no one every said a word about it.

    as the saying goes, small potatoes....

    Tom in Colo
    Ch7 filed 5/12/2010.....341 meeting 6/30/2010....report of no distribution 8/15/2010.....discharged 10/01/2010.....closed 11/09/2010

    Comment


      #3
      Originally posted by tcreegan View Post
      Hi Kev,

      It is actually the date the debt was first created, not last time it was used. (not sure why they did it this way, your way makes more sense)

      The court clerks here in Colo said it was no a big deal and to estimate the month and year or use "prior to (date)" I forgot to put dates on several and no one every said a word about it.

      as the saying goes, small potatoes....

      Tom in Colo

      Thanks. With some of my cards, the ones I did balance transfers/cash advances, the last day used IS the date of the debt.

      Anywho, I guess I won't be listing them. If I do get asked then I think I have the info though.
      Well, when you're married, you'll understand the importance of fresh produce.

      Comment


        #4
        Anywho, I guess I won't be listing them best policy is to list anyone and everyone including the kitchen sink. Not really necessary, just saves hassles later.

        Good luck w. your filing Kev,

        Tom in Colo
        Ch7 filed 5/12/2010.....341 meeting 6/30/2010....report of no distribution 8/15/2010.....discharged 10/01/2010.....closed 11/09/2010

        Comment


          #5
          Depending on how old they are, you can use c (for "circa") and the year. For example on a bunch of my old credit cards, I'm putting c. 2005 for the date...I don't know exactly when they were charged off, but it was sometime in that neighborhood. I've seen that done on a lot of the example filings I've looked at.
          This post does not constitute legal advice. If you use my advice in place of a lawyer, God help you.

          Comment


            #6
            Well, I did WANT to include that info, and gave it to the paralegal along with a bunch of other corrections to the forms, but she wouldn't put it in. Said it was totally unnecessary.

            She seems to know what she's talking about & I like her explanations for some things so at this point I am trusting her and will see what happens.
            Well, when you're married, you'll understand the importance of fresh produce.

            Comment


              #7
              My attorney simply used the "date opened"-information obtained from my credit-report.
              Filed CH7 9/24/2010, 341 on 10/28/2010, Disch.&Closed: 1/6/2011. FICO EX: 9/2: 672.
              FICO EQ: pre-filing: 573, After BK Public Record: 568, 10/3: 673.
              FICO TU: pre-filing: 589, After BK Public Record: 563, 9/2: 706.

              Comment


                #8
                Hi again Kev,

                She seems to know what she's talking about & I like her explanations for some things so at this point I am trusting her and will see what happens.

                Probably the best course of action!

                Tom in Colo
                Ch7 filed 5/12/2010.....341 meeting 6/30/2010....report of no distribution 8/15/2010.....discharged 10/01/2010.....closed 11/09/2010

                Comment

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