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BKAnswerMan, Attorney
Category: Bankruptcy Law
Satisfied Customers: 25
Experience:  Experienced Bankruptcy Attorney that has represented over 1,000 clients in consumer bankruptcy proceedings.
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On Schedule E where it says commitments to maintain the capital

Customer Question

On Schedule E where it says commitments to maintain the capital of an insured depository institution
does that include a bank or lender that is unsecured creditor (that i put on schedule F) because they are "regulated" or "covered" by the FDIC or OCC, etc?

For a Chapter 7 bk
Submitted: 4 years ago.
Category: Bankruptcy Law
Expert:  BKAnswerMan replied 4 years ago.
No, it doesn't mean that. Schedule F is for unsecured creditors and Schedule E is for priority unsecured creditors. The forms can sometimes be misleading and are not the law. The intent of the form is to incorporate 11 U.S.C. 523(a)11-12. Taking out a loan is different than entering into an agreement to maintain capital, for example, to maintain funds in a bank.

The forms are very broad and designed for many types of bankruptcy. If you have a run off the mill credit card it only need to be disclosed on schedule D (and maybe on Statement if Financial Affairs line 2 if you have made payments in the last 90 days).
Customer: replied 4 years ago.
oh my goodness, i thought all credit cards go on schedule F, that is where i actually have everyone except the timeshares. i have no info really on timeshares. what do i need to include? their phone number? that is all i have. i pay maintenance and taxes and they are paid for but i can't sell them for beans though i paid thousands (sucker and gullible i was). I know they go on schedule G, but can i just put the names and location as Orlando, Florida?
Customer: replied 4 years ago.
actually I have mortgage and home owners assoc on schedule D and credit cards on schedule F
Expert:  BKAnswerMan replied 4 years ago.
I'm so sorry it looks like I made a typo. You are absolutely right to put the credit cards on schedule F, and to list your mortgage and HOA on schedule D (although some attorneys I know think that the HOA should be listed on schedule F and not D), I generally list mortgages, time share debt, car loans, and HOA dues on Sch D (no typo this time), and credit cards, medical bills, student loans, and personal loans on Sch F. Also the mortgage, timeshare, and car loans, may also be listed on Sch G in addition to Sch D, since they are arguably an executory contract. I've seen attorneys go both ways with listing the mortgage on Sch G, but everyone will list on Sch D.You need to list the name, address, last four digits of the account nos., time the debt was actually incurred, description of the debt (i.e. "credit card", "mortgage"' "HOA dues"), and amount of If you are missing information, then you would do well to pull a credit report to do your due diligence. There are a number of free sites online where you can pull a free credit report if you have not done so in the last year.
Expert:  BKAnswerMan replied 4 years ago.
Please let me know if I have answered your questions.

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