QUESTION
If I have a creditor who received a money judgement against me, should I list them on the schedule D?
Asked on Apr 09th, 2013 on Bankruptcy - Delaware
More details to this question:
I have 2 creditors, one from an apartment complex and the other from an automobile finance company. They have both received money judgments against me, and I was wondering if they should be classified under "Creditors Holding Secured Claims" on the Schedule D? I am filing a Chapter 7 bankruptcy.
9 ANSWERS
It sounds like you really should hire a lawyer to make sure your bankruptcy paperwork is done correctly.
Answered on Apr 17th, 2013 at 12:07 AM
Bankruptcy Attorney serving Concord, CA
at
William Rubendall Attorney at Law
Update Your Profile
Judgment creditors have an unsecured claim, unless they file and record an abstract of judgment, which is a lien against your property.
Answered on Apr 11th, 2013 at 3:57 PM
These debts should be listed on schedule F unless they filed a lien against real estate that you own.
Answered on Apr 10th, 2013 at 11:38 AM
Bankruptcy Attorney serving Phoenix, AZ
at
Law Office of D. L. Drain, P.A.
Update Your Profile
Read the captions at the top of each schedule. It will explain what should be listed.
Answered on Apr 10th, 2013 at 11:37 AM
Should be listed on Schedule F most likely.
Answered on Apr 10th, 2013 at 11:37 AM
Bankruptcy Attorney serving Dallas, TX
at
Polk & Associates
Update Your Profile
By itself, a money judgment is not a lien. So the answer to your question would be NO. Judgments in Texas typically are Abstracted and an Abstract is a type of lien. If that happened, then the answer to your question would be YES. Liens relate to the equity interest, so in bankruptcy they can be oversecured or undersecured. If an Abstract lien is undersecured and can be stripped or bifurcated under the bankruptcy code, then the answer to your question would be NO. As you can see, you'll have to do some legal analysis first before filing anything with the bankruptcy court.
Answered on Apr 10th, 2013 at 11:37 AM
Bankruptcy Attorney serving Walnut Creek, CA
at
Alan E. Ramos Law Offices
Update Your Profile
Judgments, in and of themselves do not constitute a secured claim. I would list them in Schedule F and if they believe that they are secured (by filing with the Secretary of State), they will indicate as much in their proof of claim.
Answered on Apr 10th, 2013 at 9:38 AM
Bankruptcy Law Attorney serving Livingston, NJ
Partner at
Law Office of Stuart M. Nachbar, P.C.
2 Awards
With all due respect, if you are filing without counsel, and do not understand what the terminology is, then you are in trouble. The Judgments are liens, and they go in the Statement of Financial Affairs, and on Schedule D as well.
Answered on Apr 10th, 2013 at 9:10 AM
Estate Planning Attorney serving Wilmington, DE
at
Reger Rizzo & Darnall, LLP
Update Your Profile
You should list all your creditors on the creditors schedule and any other schedule that applies.
Answered on Apr 10th, 2013 at 9:07 AM