This is the second article in the six part series on “How to Prepare a Consumer Chapter 7 Bankruptcy without a Nebraska Bankruptcy Attorney.”
The previous articles focused on completing the Chapter 7 Bankruptcy Means Test.
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In this article, we’ll be looking at how to fill out Schedules D, E, and F which is comprised of your bankruptcy creditors list.
How do I figure out my creditors?
There are several things you should do to compile your bankruptcy creditors list.
The first thing to do is to list out all of the creditors you know of. If you have a mortgage, vehicle loans, and credit cards, these should be easy to figure out. Write them down on a list and also make sure to include the addresses listed on the bills. You will need to include this information.
The next place is to look in your mail box. You likely receive bills in the mail all of the time. It’s important to open each piece of mail and review it. If there are some bills for creditors which are not already on your list, go ahead and add them. The same goes for phone calls. You may be receiving phone calls from creditors. Answer the phone ask who they are and where to send notices.
The next source to use is your credit report. You can get a free copy of your credit report from one of the three credit bureaus by going to annualcreditreport.com. This list will help you determine whether any debt you owe has gone to collections. Add any creditors listed on your credit report not on your list. Additionally, if you discover that a debt you have listed is being claimed by a collection agency, go ahead and write both down on your bankruptcy creditors list.
You should determine if you owe income taxes from filed tax returns. If you pay alimony or child support, you will need to include who you pay and if you are behind on support requirements.
The last source I look at is the Nebraska court docket system, known as JUSTICE. You can do a one-time name search for $15.00 to find up to 30 cases. This will help you find if there are any judgments or lawsuits that have been filed against you. Again, if they are not on your bankruptcy creditors list, include them now. Even if creditors are already listed on your sheet, but you find you have a lawsuit against, include the court and case number to your list.
What do I do with the bankruptcy creditors list?
Now that you have a list of your creditors, you will need to list them in the appropriate schedules of your bankruptcy petition.
- Schedule D-This list is for your secured creditors. A secured creditor is a creditor who holds a security interest against property that you own. For example, your mortgage company has a security interest against your home, the bank has one against your vehicle, etc.
- Schedule E-This is a list for your priority unsecured creditors. Income Taxes and Spousal and Child Support are forms of priority creditors. Regardless if you are behind in making spousal and/or child support payments, you are required to list those creditors.
- Schedule F-This schedule lists your ordinary, or general, unsecured creditors. Examples are collection agencies, credit cards, medical debts, and student loans.
Read the directions of each schedule to make sure you are following what needs to be done. This is a very important step in your bankruptcy preparation. Your bankruptcy creditors list needs to be accurate. Failure to truthfully include everyone you owe money to could be detrimental to the outcome of your bankruptcy case. You don’t want to go through the entire bankruptcy process to later find you missed a significant debt. It could be very costly.
As always, I wouldn’t advise preparing a bankruptcy petition on your own without the proper legal education. Your best interest would be served to hire a competent Nebraska bankruptcy attorney. Contact me if you feel preparing your own bankruptcy petition overwhelming. I can help.
The next article in the series will deal with listing your property in your Bankruptcy Schedules.