Bankruptcy Law

Bankruptcy Law Questions? Ask a Bankruptcy Lawyer.

Ask a Lawyer,
Get an Answer ASAP!

Bankruptcy Law

I have beating my head against a rock on this one! Help, please,

Customer Question
I have beating my head...
I have beating my head against a rock on this one! Help, please, if you can.
I have a fact pattern where my attorney has stated that the following creditors need to be listed on Schedules, D, E, and F. He also stated that some of them may not be listed on any of the schedules if we don't have in our possession needed info. He said we can't just guess at what belongs where and that we need to know with out a doubt the classification of creditors. I'm new to this so I'm at a loss about this.

I know that the mortgage is a secured claim and belongs on Schedule D. I know that the taxes are the unsecured priority and belong on Schedule E,and I know that SBC, AT&T and CommEdison should be placed on Schedule F. Beyond that I don't know where to place the remaining creditors. I thing I'm supposed to leave them off of the Schedules until I ask the client a few more questions.

I don't know if any of the creditors have executory contracts in place, liens or judgments against the client so I'm at a loss as to where to place the creditor without this information.

I have created a questionnaire to try to find out more about the disposition of each creditor. For now, I hesitate to put the remaining creditors on any of the schedules until questions about liens, judgments etc are answered. Am I right in doing so?

Here are the creditors which will be listed on the list of 20 largest creditors form:

City of Littletown XXXXX
Littletown, IL 66666
PIN #43665
$1,200.00

Commonwealth Edison
123 California
Chicago, IL 60321
Acct. #4565
$1,245.00

SBC (Illinois Bell)
44 S. Vail
St. Louis, MO 63101
Acct. #567-2354
$534.00

AT&T Broadband XXXXX
Waukegan, IL 60085
Acct. #56-435
$854.76

Widgets ‘R Us XXXXX
Chicago, IL 60606
Cust. #45643
$34,984.67

Smith Fasteners XXXXX
New York, NY 10523
Cust. #L90-9883
$100,543.23

Martha’s Cleaning Service XXXXX
Littletown, IL 66666
$66.00

Motors for Tots, Inc. XXXXX
Omaha, NE 43523
Acct. #43-2M
$86,786.43

Billy, Boyd & Braun LLP XXXXX
Los Angeles, CA 89077
$14,400.32

Trugreen-Chemlawn
P.O. Box 1589
Bridgeview, IL 60455
Acct #LT-43
$120.00

ABC Loan Company (Mortgage) XXXXX
Salt Lake City, UT 43949
Acct #03-55464

Allstate Insurance
453 Main
Bloomington, IL 68584
$546.00

Hammerstein & Smith LP
543 Financial
Littletown, IL 66666
$567.00

What are your thoughts?
Submitted: 7 years ago.Category: Bankruptcy Law
Show More
Show Less
Ask Your Own Bankruptcy Law Question
Answered in 3 hours by:
3/3/2010
Bankruptcy Lawyer: Terry L., Attorney replied 7 years ago
Terry L.
Terry L., Attorney
Category: Bankruptcy Law
Satisfied Customers: 2,910
Experience: Better Business Bureau. 18yrs bankruptcy experience. Chicago Bar Assoc. American Bankruptcy Institute member.
Verified
The most important thing is to list them in the case.
Generally, only taxes, domestic support obligations,would go on schedule E.
If the item was financed, and has a lien, or a purchase money/non-purchase money lien on an asset, then they would go on schedule D. -loans for furniture, jewelry, appliances, cars, houses are the main one. If there is a judgment and it was recorded against real property, then they would go on D. Check at the debtor's county recorder of deeds office to be sure. Otherwise everything else will go on F. Your list of creditors should all go to F unless they have collateral attached, and then if so, they would go on D. Contracts & Leases are also repeated on Schedule G

Edited by Terry L. on 3/3/2010 at 3:54 AM EST
Ask Your Own Bankruptcy Law Question
Customer reply replied 7 years ago
So, if my supervising attorney stated that this was all the info he had for the moment and that I should start putting this petition together. The client will be here tomorrow morning from the given info I've been able to pull together that the the mortgage belongs on D; taxes belong on E; the utilities belong on F and no other creditor will go onto F until I ask the client questions about any liens, judgments etc, and or check with the county recorder of deeds office, right? After my fact finding mission I can retype the docs with the additional info and place the creditors on the appropriate shedule, right?
Bankruptcy Lawyer: Terry L., Attorney replied 7 years ago
I would put the rest on F, and then confirm with the client about liens, and checking the recorder of deeds. Most likely they would have told you about judgments, so it would be safe to put them on F for now, then you can move them to D as needed.
Sounds like a perfect plan. THanks.
Terry
Ask Your Own Bankruptcy Law Question
Customer reply replied 7 years ago
Would it be improper or incorrect to leave these other creditors off the schedules, then ask the client the appropriate questions in a questionnaire and then place the creditors on the appropriate schedule based on the information. This will be my first meetinh with the client and I have Schedules a,b,d and e complete. I just need to know if it is imprper to not have them listed on the schedule f until I ask about those other creditors first.
Bankruptcy Lawyer: Terry L., Attorney replied 7 years ago
They will need to go onto the schedules somewhere before filing, that is your preference. As long as you review them with the client, you should have no problem when you add them on. I would put them on F, then have a list of questions about judgments, liens etc. and you can move them later as necessary.
Ask Your Own Bankruptcy Law Question
Ask Terry L. Your Own Question
Terry L.
Terry L.
Terry L., Attorney
Category: Bankruptcy Law
Satisfied Customers: 2,910
2,910 Satisfied Customers
Experience: Better Business Bureau. 18yrs bankruptcy experience. Chicago Bar Assoc. American Bankruptcy Institute member.

Terry L. is online now

A new question is answered every 9 seconds

How JustAnswer works:

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

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

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.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, 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!!

ElaineAtlanta, 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.

TonyApopka, 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

< Previous | Next >

Meet the Experts:

Terry L.

Terry L.

Attorney

2,910 satisfied customers

Better Business Bureau. 18yrs bankruptcy experience. Chicago Bar Assoc. American Bankruptcy Institute member.

cortrightlaw

cortrightlaw

Attorney

511 satisfied customers

Attorney practicing Bankruptcy Law including Chapter 7, Chapter 11, Chapter 12, and Chapter 13.

JoeLawyer

JoeLawyer

Attorney

376 satisfied customers

Attorney in the practice of Bankruptcy Law since 1996

A.J.

A.J.

Attorney

262 satisfied customers

Experienced consumer bankruptcy attorney.

Fritz

Fritz

Attorney

209 satisfied customers

Florida attorney with extensive experience in Chapter 7 and Chapter 13 consumer bankruptcy cases

Law Girl

Law Girl

Attorney

153 satisfied customers

I am an attorney.

Paul K, Esq.

Paul K, Esq.

Attorney

141 satisfied customers

10 years Exp., Great customer service, Prompt responses.

< Previous | Next >

Related Bankruptcy Law Questions
I filed a chapter 13 bankruptcy petition in 2012. It was
I filed a chapter 13 bankruptcy petition in 2012. It was converted to a chapter 7 and I received a discharge of debt under USC 727. In 2016 I filed another chapter 13, and the same creditors who didn'… read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
Will my contracts with ATT, TV, and Cel phone be terminated
HI! will my contracts with ATT , TV, and Cel phone be terminated through bankruptcy 13 or 7? Thank you. … read more
LawGuy
LawGuy
Juris Doctor
123 satisfied customers
I have a contract with a California corporation and the
I have a contract with a California corporation and the consideration are Pref shares of the company. There are three payments; an initial payment, 2 years later and 4 year later. Paid in thirds. The … read more
TJ, Esq.
TJ, Esq.
Juris Doctor (JD)
11,188 satisfied customers
I filed a Chapter 13 petition in 2012 which was converted to
I filed a Chapter 13 petition in 2012 which was converted to Chapter 7 and I received a discharge in 2015. While a case was still opened I filed a another 13 in 2016. The same alleged secured creditor… read more
socrateaser
socrateaser
1,031 satisfied customers
I am trying to find an attorney for bankruptcy that will not
I am trying to find an attorney for bankruptcy that will not charge me. I paid Scott Allums in Hoover, AL $900 to retain him and paying monthly but he closed my case because I didn't pay him quickly e… read more
Ray
Ray
Lawyer
Doctoral Degree
30,190 satisfied customers
Assignment of an executory contract in bankruptcy or a
Assignment of an executory contract in bankruptcy or a workout. If a corporation underwent an involuntary wind down. Say an ABC (Assignment for the benefit of Creditors) would the "sale of all or subs… read more
Phillips Esq.
Phillips Esq.
Attorney
Juris Doctor
17,966 satisfied customers
Rule 1009 all petitions, lists and scheduled statements and
Rule 1009 all petitions, lists and scheduled statements and admendments should be verified or contain unsworn delcaration to filed what is this… read more
Ray
Ray
Lawyer
Doctoral Degree
30,190 satisfied customers
I have an Executory contract. A 10 year license of software.
I have an Executory contract. A 10 year license of software. We are the Licensor. The licensee has paid for the license with shares of its company (private). There are milestone payments. I believe th… read more
DrakeLAW
DrakeLAW
Juris Doctorate
831 satisfied customers
Files his Chapter 7 petition and fails to include a creditor
John files his Chapter 7 petition and fails to include a creditor whom he borrowed $5K from for an educational loan. He wants to amend his petition to include the creditor before his creditors meeting… read more
Terry L.
Terry L.
Attorney
2,910 satisfied customers
I filed a volunteer chapter 13 bankruptcy petition. I
I filed a volunteer chapter 13 bankruptcy petition. I converted my petition to a chapter 11. I was later converted to a chapter 7 by the bankruptcy court. It was a asset liquidation case which consist… read more
DrakeLAW
DrakeLAW
Juris Doctorate
831 satisfied customers
I filed a chapter 13 bankruptcy petition in the district of
I filed a chapter 13 bankruptcy petition in the district of Connecticut. It was converted to asset case under chapter 7. The trustee filed a "notice of pendency of bankruptcy case" on the land records… read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
What happens if a debtor files a chapter 13 petition and
What happens if a debtor files a chapter 13 petition and includes only two executory contracts on the schedules. Then, the debtor moves to convert to chapter 11 and files an amended set of schedules b… read more
DrakeLAW
DrakeLAW
Juris Doctorate
831 satisfied customers
Can a debtor in possession file a lawsuit (outside of
Can a debtor in possession file a lawsuit (outside of bankruptcy court) related to an agreement/contract for which they did not assume (or list) as an executory contract in their bankruptcy schedules?… read more
DrakeLAW
DrakeLAW
Juris Doctorate
831 satisfied customers
Not a duplicate** Must a creditor petition the bankruptcy
Not a duplicate**Must a creditor petition the bankruptcy court to pursue a judgment lien for post-petition debt/arrears? Are they violating the automatic stay if they do not get permission from the ba… read more
Maverick
Maverick
Doctoral Degree
6,133 satisfied customers
I NEED TO FILE A PETITION IN A BANKRUPTCY CASE. I don't know
I NEED TO FILE A PETITION IN A BANKRUPTCY CASE. I don't know if I'll need a lawyer or not. I am a creditor and I sold my business to another person 21/2 yrs ago. She has several creditors but the othe… read more
socrateaser
socrateaser
1,031 satisfied customers
Can a debtor pick and choose which executory contracts they
Can a debtor pick and choose which executory contracts they want to either assume or reject in their bankruptcy schedule filing? Or do they need to assume all/reject all executory contracts.Also, is i… read more
Terry L.
Terry L.
Attorney
2,910 satisfied customers
I filed an initial "emergency" petition for chapter 13 and
I filed an initial "emergency" petition for chapter 13 and the rest of my documents are due tomorrow and I don't have all them ready, i filed without an attorney. I am trying to figure out how to get … read more
Phillips Esq.
Phillips Esq.
Attorney
Juris Doctor
17,966 satisfied customers
Can I withdraw my Petition for Bankruptcy, Chapter 7, filed
Can I withdraw my Petition for Bankruptcy, Chapter 7, filed on December 12, 2016? If so, what are its effects. … read more
DrakeLAW
DrakeLAW
Juris Doctorate
831 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x