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    Filing Pro Se, Schedule F help....

    First, Hey everyone. This is my first post.

    Wow, filing this on your own is a bit rough but much cheaper (I think).

    Here is my Question... I pulled all 3 of my credit reports.
    On report 1 it lists a creditor and the amount of 2100
    On report 2 it lists the same creditor, same account number but a lower amount.

    Do I list both?

    Second question.
    I had a lease 3 years ago. It was finally paid off but I had 5 months of being 30 days late. It says paid as agreed but its in the bad section of the credit report. DO I list this or not?

    I am sure there are many other questions but I wanted to start with these questions first.


    Thanks for any help guys / gals.

    Kevin

    #2
    You only need to list the creditor once. The amount you put on Schedule F should be an estimate of what you believe you owe (you could take the higher or lower amount), or you put $1 if it's "unknown" or contingent. The real key is listing the creditor so that they are notified of the bankruptcy.

    You only need to list a creditor. By definition, a creditor is a person or entity to which you owe money. If you do not owe the old vehicle lender money, then you do not need to list them. If you are just paranoid, you can list them just to make sure.

    Welcome to the Bankruptcy Forum!
    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
      Originally posted by justbroke View Post
      You only need to list the creditor once. The amount you put on Schedule F should be an estimate of what you believe you owe (you could take the higher or lower amount), or you put $1 if it's "unknown" or contingent. The real key is listing the creditor so that they are notified of the bankruptcy.

      You only need to list a creditor. By definition, a creditor is a person or entity to which you owe money. If you do not owe the old vehicle lender money, then you do not need to list them. If you are just paranoid, you can list them just to make sure.

      Welcome to the Bankruptcy Forum!
      justbroke: Thank you for the reply and the helpful answers.

      Under the section Satisfactory Accounts of your credit report, is it necessary to include any of these? These are all 0 balance and state paid as agreed. I would think I would not list these and think due to them showing Paid as Agreed would be a positive. Please correct me if I am wrong.

      Comment


        #4
        Originally posted by Sakrificer View Post
        Under the section Satisfactory Accounts of your credit report, is it necessary to include any of these? These are all 0 balance and state paid as agreed. I would think I would not list these and think due to them showing Paid as Agreed would be a positive. Please correct me if I am wrong.
        You only need to list creditors to whom you owe money. If it is $0 and closed, then they are no longer a creditor and do not need to be listed. Some would even go so far to say that if you owe $0 and if it is "open", they are still not a creditor... since you owe them no money.
        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
          Originally posted by justbroke View Post
          You only need to list creditors to whom you owe money. If it is $0 and closed, then they are no longer a creditor and do not need to be listed. Some would even go so far to say that if you owe $0 and if it is "open", they are still not a creditor... since you owe them no money.
          For the most part, I would agree with JB. I do have one thing to ask: those that say you owe $0 -- WHEN did you last pay them?

          EDIT: for that matter, when did you last pay ANY unsecured creditor(s)?
          Don
          Filed Pro Se on 8/4/11 (No Asset, Chapter 7)
          Redeemed Automobile ProSe (722 Redemption),Discharged on 11/3/11

          Comment


            #6
            Which part do you not agree with? A creditor is quite clearly defined in 11 USC 101 as an "entity that has a claim against the debtor that arose at the time of or before the order for relief concerning the debtor" (this is the generic definition straight from the Code). If you do not owe an entity any money, they do not have a claim, and they are not a creditor.

            The time at which you last paid a creditor is irrelevant because the code does not define a creditor based on a "temporal" payment (last paid time). The only "temporal" part of the definition is that the debt "arose at the time of or before" the filing of the bankruptcy.
            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


              #7
              I have debts from multiple different companies that all ended up with the same creditor. I don't know if this is different from what sakrificer is asking but can I just list the creditor once and put the sum of all the debts I owe them?

              If I am to understand this correctly, the creditors name and address is far more important than the account number? I have an attorney bill from my DUI which lists charges for each visit with him and separate invoice numbers. Should I list each charge individually just to be safe? Or should I combine them all into one and just put the #Matter Number under account number on the Schedule F form (each charge on the bill has the same matter number)

              Comment


                #8
                A creditor only needs to be notified once. You could list just your account #, the creditor's information (address), and the total that you owe that single creditor. You do not need to individualize each debt, but you should estimate, as best possible, the total debt owed to the single creditor.
                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

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