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    Schedule F clarifications

    Hi all you FL pro se experts out there, need some clarification please...
    I pulled a chp 7 no asset case in Pacer (Southern Dist) that was discharged to study and help with my own chp 7 no asset pro se case. On her Schedule F, her lawyer listed all her accts even the ones that had $0 balance on credit report. The column "Amount of claim entered" $1.

    This is confusing me as I had initially listed on my schedule F only the accounts that had a balance (accts that are still open). I did not list accounts that were closed or had $0 balance on credit report.

    My question to you all is should I go down my credit report and list everything (even the $0 accts)? Why did she put $1 on the amt of claim? Should I change my schedule F to follow her example?

    Thanks very much!
    Filed chp 7 pro se 1/9/12 341 meeting 2/14/12 Pass/Fail Means Test 2/28/12 Last day for Trustee or Creditor to object to my claims of personal property 3/14/12 Deadline for creditors to file AP 4/14/12

    #2
    How the individual attorneys practice how to deal with credit accounts that have no balance, is a question of law. There are arguments on both sides that try to determine whether a creditor to whom you owe no money, is in fact a creditor for purposes of the bankruptcy!

    There are attorneys that will list them as $0 (or $1 and "unknown") and there are some taht will not list them at all. It's not so much a matter of trying to keep the cards! Most creditors are "sophisticated" and will have notice of your bankruptcy within 24-48 hours of you filing! Almost all your credit accounts would be shutdown, listed or not, within that 24-48 hours of filing.

    (The $1 is generally meant to declare that the balance is "unknown".)
    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
      So if you were in my position filing chp 7 no asset pro se, would you leave it like I had it which is to only list creditors that I have a balance and open accounts with? OR would you do it like the lawyer on the Pacer case I found which lists everything?

      Much appreciate all the answers!
      Filed chp 7 pro se 1/9/12 341 meeting 2/14/12 Pass/Fail Means Test 2/28/12 Last day for Trustee or Creditor to object to my claims of personal property 3/14/12 Deadline for creditors to file AP 4/14/12

      Comment


        #4
        Many times, people don't list the zero-balance accounts with the hope that they may "pass-through" the bankruptcy. That does happen! If you're comfortable that should the accounts pass-through and remain open, that you won't get yourself into trouble again by having the credit available to you.

        I could go either way. I didn't have any zero-balance "open" accounts when I filed so I don't know what I would do. Many attorneys pull the credit report directly into their software (usually Best Case) and the software adds the creditors to the Schedules.
        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


          #5
          oooh...got it. Very insightful. I'm running my new 2012 credit report today from all 3 bureaus in case any collection agency was added. Plan on filing by Friday. Thanks JB )
          Filed chp 7 pro se 1/9/12 341 meeting 2/14/12 Pass/Fail Means Test 2/28/12 Last day for Trustee or Creditor to object to my claims of personal property 3/14/12 Deadline for creditors to file AP 4/14/12

          Comment

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