amending schedule f

[free2breathe]

I'm not real familiar with the objections to discharge, but I think you will probably have to wait for the opportunity to file a Proof of Claim, if the opportunity arises. The basis for objection to a discharge of a specific debt has very specific guidelines.

You may not get a notice of deadline to file a proof of claim. If you do, then I hope you are able to get some of what they owe you. They have a few steps to go through before a panel trustee determines whether or not there are any assets to distribute. They will definitely send you a notice if they determine there will be a distribution. It may never amount to much. The secured and priority unsecured creditors get first dibs at anything available for distribution. Whatever is left over would be doled out to the non-priority unsecured creditors (you and your wife and all of the other timeshare holders).

There may be someone lurking on the forum who has more knowledge to share with you about this sort of a situation. Hopefully they will chime in soon.

[Tanmara]

It's just a notice letting you know they've added you as a creditor with a debt they are seeking to discharge. If you had reason to believe [per Bankruptcy Code § 727(a)] that their debt to you shouldn't be discharged, you would have to file a complaint objecting to the discharge of your debt. You should receive another notice from the court giving you until X date to file the complaint, if that were to apply. Once the Bankruptcy Court determines if there are assets to distribute, they would then send you another notice to file a claim for what this company owes you so that you could receive a distribution of a portion of those assets.

free2breathe, thank you,

I guess my wife and I will have to file a complaint to try and compensate some of our lost investment, though I hope this is a wise decision on our part. The investment was 7,500 dollars, but I don't want to start something that will not be worth the trouble in the long run. I am sure every case is different in how they are handled, but that money would surely come in handy for anyone in this economy.

Again, thank you for the insight. Tanmara

[free2breathe]

It's just a notice letting you know they've added you as a creditor with a debt they are seeking to discharge. If you had reason to believe [per Bankruptcy Code § 727(a)] that their debt to you shouldn't be discharged, you would have to file a complaint objecting to the discharge of your debt. You should receive another notice from the court giving you until X date to file the complaint, if that were to apply. Once the Bankruptcy Court determines if there are assets to distribute, they would then send you another notice to file a claim for what this company owes you so that you could receive a distribution of a portion of those assets.

[Tanmara]

Sounds like you amended your Schedule F. Did you? If so, then you will automatically receive copies of all notices to that effect sent to your creditors. If you had an attorney, he or she would be receiving those. It's just verification for your records that it was sent.

Tigergem, thank you for your response.

No, I did not file any paperwork concerning Schedule F. I just received the notice with information on a time share that I own. The resort that sold me the time share filed Chapter 7 and another company bought the resort. I am listed as a creditor on this Schedule F notice that I received and I just wondered if I had to reply to it.

Again, thank you for your response, Tanmara

[tigergem]

I just received a notice saying:

To whom it may concern:
Enclosed please find Amended Schedule F listing you as a creditor in the above case.

Very truly yours, Marc S Ehrlich
Chapter 7 Trustee.
There is a second page and my name is on a form with the heading:
AMENDED SCHEDULE F - CREDITORS HOLDING UNSECURED NON-PRIORITY CLAIMS

Do I need to reply to this for any reason? Or is just this showing that my claims to ownership are being recognized in a Chapter 7 bankruptcy case.

I am very lost in this and would appreciate any advice on this. Thank you, Tanmara

Sounds like you amended your Schedule F. Did you? If so, then you will automatically receive copies of all notices to that effect sent to your creditors. If you had an attorney, he or she would be receiving those. It's just verification for your records that it was sent.

[Tanmara]

Please help me understand what I received....

I just received a notice saying:

To whom it may concern:
Enclosed please find Amended Schedule F listing you as a creditor in the above case.

Very truly yours, Marc S Ehrlich
Chapter 7 Trustee.
There is a second page and my name is on a form with the heading:
AMENDED SCHEDULE F - CREDITORS HOLDING UNSECURED NON-PRIORITY CLAIMS

Do I need to reply to this for any reason? Or is just this showing that my claims to ownership are being recognized in a Chapter 7 bankruptcy case.

I am very lost in this and would appreciate any advice on this. Thank you, Tanmara

[randomKS]

and then?;p

Did you have to file just the amended schedule F with the new creditor or rewrite the entire thing?
I had an accidental typo on one of the collection agencies and am wondering how to fix it. Even if I just write amended on schedule F and put just the correction on it, they old form will still have the typo.
This typo was a collection agency of a collection agency so they dont seem really important but what should I do?

[lezlovin]

I just did this today

i just did this today. I hope i did it right. i made a new matrix with JUST THE NEW ONES. then i did a schedule F with just the new ones and put "amended " t the top. It didnt' occur to me i should have relisted all of them again! that seems ridiculous. I suppose i will be calling the clerk again in the morning SIGH

[tigergem]

Nonono, just because that is the way I had to do it, does not mean that is the correct procedure for your district. That is why we are telling you, you must check your Local Rules of Bankruptcy Procedure and call your clerk and ask questions!

These are the specific procedural questions you should ask your clerk:

Do you have an amendment cover sheet that I should use? (If so, where can I obtain a copy of that?)

When I amend my Schedule F, am I required to include only the additional creditors, or a complete list of all the creditors?

[justbroke]

In addition to this, I've found a form online for a different district (not mine), where you notify creditors you omitted originally, that you filed bankruptcy and keep proof of service, meaning they couldn't say they weren't notified.

You never ever keep proof of service. You file it with the Court.

Also, this is District specific information. You really really need to check the procedure for your specific District, or face a deficiency notice.

[eknshm]

DO check with your local bankruptcy court as to whether or not the amended schedule F needs to only include the added creditors, or all creditors plus the additions. When I amended mine, it had to include them all in alphabetical order. However, for the amended matrix, I only had to send the additions. I sent along a separate courtesy letter for the clerk with a memorandum of the additions, even though it was pretty obvious. Good luck!

Wow, the entire list will be a lot. Better safe than sorry. This is the way I should do it.

[eknshm]

Here's the $24,000 answer. It depends.

It depends on whether your case was a No-Asset Chapter 7 case. It also depends on which District you live in. While the bankruptcy code reads that it does in fact discharge all debt that arose prior to filing, there are many Districts that will counter it with the fact that it should be scheduled.

The reality is... that if your case is open, and you remember several creditors, it is always best to amend your schedules rather than deal with re-opening your case later. It costs $260 to re-open your case just to deal with a creditor who "wasn't" notified and is trying to sue you much later. I think of it as pay $26 now, or pay $260 or more later!

Thanks to everyone for the info. I just wanted to add, that mine is a chapter 7 no-asset case, everything is exempt. In addition to this, I've found a form online for a different district (not mine), where you notify creditors you omitted originally, that you filed bankruptcy and keep proof of service, meaning they couldn't say they weren't notified. That would definitely be the easiest way if all debts were discharged anyway. But for us pro se filers, we can't afford to take chances. I'll definitely call the clerk tomorrow or Tuesday and ask for the procedure to amend. The clerk is scary. They acted like the didn't want to talk to me when I asked where to mail my forms.

[tigergem]

DO check with your local bankruptcy court as to whether or not the amended schedule F needs to only include the added creditors, or all creditors plus the additions. When I amended mine, it had to include them all in alphabetical order. However, for the amended matrix, I only had to send the additions. I sent along a separate courtesy letter for the clerk with a memorandum of the additions, even though it was pretty obvious. Good luck!

[justbroke]

I've also read that if you forget a few creditors, that's OK because under the bankruptcy code, they are considered discharged also if they were debts before you filed. ??? Is this true?

Here's the $24,000 answer. It depends.

It depends on whether your case was a No-Asset Chapter 7 case. It also depends on which District you live in. While the bankruptcy code reads that it does in fact discharge all debt that arose prior to filing, there are many Districts that will counter it with the fact that it should be scheduled.

The reality is... that if your case is open, and you remember several creditors, it is always best to amend your schedules rather than deal with re-opening your case later. It costs $260 to re-open your case just to deal with a creditor who "wasn't" notified and is trying to sue you much later. I think of it as pay $26 now, or pay $260 or more later!

[eknshm]

I've also read that if you forget a few creditors, that's OK because under the bankruptcy code, they are considered discharged also if they were debts before you filed.

??? Is this true?