How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask Phillips Esq. Your Own Question

Phillips Esq.
Phillips Esq., Attorney-at-Law
Category: Bankruptcy Law
Satisfied Customers: 12963
Experience:  B.A.; M.B.A.; J.D.
16551887
Type Your Bankruptcy Law Question Here...
Phillips Esq. is online now
A new question is answered every 9 seconds

On my schedule D Chapter 7 California. I have to add a judgment

Resolved 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?

And how do I list it in the description? Lien? or?

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??
Submitted: 2 years ago.
Category: Bankruptcy Law
Expert:  Phillips Esq. replied 2 years ago.
Thank you for giving me the opportunity to assist you. I encourage you to ask me for clarification, if you are not clear with my Answer.

Was the Judgment recorded as lien on your property?

Customer: replied 2 years ago.
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?
Expert:  Phillips Esq. replied 2 years ago.

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

Customer: replied 2 years ago.
Out of curiousty, do you know how long they need to report lien? What If I file and then it becomes a lien against the house afterwards? Thank you.
Expert:  Phillips Esq. replied 2 years ago.

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.

Phillips Esq., Attorney-at-Law
Category: Bankruptcy Law
Satisfied Customers: 12963
Experience: B.A.; M.B.A.; J.D.
Phillips Esq. and 2 other Bankruptcy Law Specialists are ready to help you

JustAnswer in the News:

 
 
 
Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.
 
 
 

What Customers are Saying:

 
 
 
  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
< Last | Next >
  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
  • My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer. Eric Redwood City, CA
  • I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight. Michael Wichita, KS
  • PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent. Three H. Houston, TX
  • Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!! Elaine Atlanta, GA
  • It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem. Tony Apopka, FL
  • Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help. Mary C. Freshfield, Liverpool, UK
 
 
 

Meet The Experts:

 
 
 
  • FiveStarLaw

    Attorney

    Satisfied Customers:

    3203
    Bankruptcy Lawyer. Experienced.
< Last | Next >
  • http://ww2.justanswer.com/uploads/FL/FLAandNYLawyer/2012-1-27_14349_3Fotolia25855429M.64x64.jpg FiveStarLaw's Avatar

    FiveStarLaw

    Attorney

    Satisfied Customers:

    3203
    Bankruptcy Lawyer. Experienced.
  • http://ww2.justanswer.com/uploads/TL/tleeders/2012-6-13_204815_TSL1.64x64.jpg Terry L.'s Avatar

    Terry L.

    Attorney

    Satisfied Customers:

    2204
    Better Business Bur 15yrs bankruptcy experience. Chicago Bar
  • http://ww2.justanswer.com/uploads/mnphillips2/2009-03-13_203105_10984459-249293407.jpeg Phillips Esq.'s Avatar

    Phillips Esq.

    Attorney-at-Law

    Satisfied Customers:

    950
    B.A.; M.B.A.; J.D.
  • http://ww2.justanswer.com/uploads/CO/cortrightlaw/2011-12-5_4117_Kevin.64x64.JPG cortrightlaw's Avatar

    cortrightlaw

    Attorney

    Satisfied Customers:

    490
    Attorney practicing Bankruptcy Law including Chapter 7, Chapter 11, Chapter 12, and Chapter 13.
  • http://ww2.justanswer.com/uploads/Jay1968/2006-12-03_004423_JoeRossPhoto.jpg JoeLawyer's Avatar

    JoeLawyer

    Attorney

    Satisfied Customers:

    376
    Attorney in the practice of Bankruptcy Law since 1996
  • http://ww2.justanswer.com/uploads/DY/Dylatess/2012-9-11_1968_BHBTemplePhoto.64x64.jpg dylatess's Avatar

    dylatess

    Attorney

    Satisfied Customers:

    370
    35 plus years of experience specializing in bankruptcy law
  • http://ww2.justanswer.com/uploads/US/USLawAnswers/2012-9-20_23143_20090105211638Headshot3b.64x64.jpg Brent Blanchard's Avatar

    Brent Blanchard

    Bankruptcy Attorney

    Satisfied Customers:

    315
    Twelve years experience in all aspects of debtor & creditor BK.