Bankruptcy Law Questions? Ask a Bankruptcy Lawyer.
I don't know how to find that out. I just received a notice of default, because I did not respond. I was hoping to file sooner. So, I don't know WHERE the judgement is or how long it will take to be filed so that I can find it on the property??? suggestions? Response 1: You need to check your Land Records. If it is not recorded against your property, the Judgment is an unsecured debt and should not be listed on Schedule D. It must then be listed on Schedule F under unsecured debts. Your Initial Question: On my schedule D Chapter 7 California. I have to add a judgment from an unsecured creditor. The original claim was from Chase. The collections company got the judgment. Do I add Chase and the collections and any other collector that was included between? Response 2: See my previous response. In any event, the original creditor, Chase would be listed either on Schedule D or Schedule F depending on whether or not the Judgment has been recorded against the property with the Judgment amount. Then the collections agency would be listed with no amount to avoid duplication of the debt amount, but indicating that it is a collections agency for Chase on the comment section. The account numbers should be referenced to indicate that the two debts are the same. Also, if the Judgment was obtained within a year before the filing of the bankruptcy petition, then the Judgment must also be listed on the Statement of Affairs, Item #4 http://www.uscourts.gov/uscourts/RulesAndPolicies/rules/BK_Forms_Official_2010/B_007_0410.pdf And how do I list it in the description? Lien? or? Response 3: It depends on whether the Judgment has been recorded against the property. If it has not been recorded against the property, then it is not a lien. It is only a Judgment, which should be listed on Statement of Financial Affairs as Judgment, if necessary, and then on Schedule F as an unsecured debt. The debt should be described in very simple term what the debt was for. And is it value of home. Amount of claim $30,000. And unsecured $30,000?? Is the amount listed ONLY on the first entry. ie. Chase $30,00 Collector DITTO MARKS?? Response 4: See my previous responses
Out of curiousty, do you know how long they need to report lien? Response 1: I do not know. Only the creditor knows when it would file a lien on a property. What If I file and then it becomes a lien against the house afterwards? Thank you. Response 2: The information you list on your bankruptcy petition is the information that you have at the date of the filing. You do not have any legal duty to go back and amend your petition based on the action a creditor takes after your have filed your petition. Otherwise, you would continually amend your petition when something happens to the creditor or when the creditor does something. Your bankruptcy case would NEVER be resolved. That is not the way the law is intended to work.