Schedule D of the bankruptcy forms is to outline those creditors who have a specific security to some type of asset, outside of just real estate. This is one of the forms you must fill out to file for bankruptcy. This form documents the unsecured claims from creditors. It is important to determine what types of assets you have. The bankruptcy forms help the bankruptcy court to see exactly what types of assets and debts you have. Being thorough and honest on these documents is critical to the process.
Filling out the Schedule D
To fill out the Schedule D form, you will need to list all secured claims. On this form, you may need to list car loans and home loans. A creditor that has a secured claim on some type of property has a lien on that property, which means the creditor has at least some claim to that property.
To fill out this form, do the following:
- The first column outlines the creditors name and mailing address. List in each box any creditor you have that has a hold on some type of property you own, including home loans and car loans.
- In the co-debtor column, place a check mark if someone else owns the property with you. In the third column, list who the co debtor is and a description of the ownership, such as whether it is jointly owned.
- In the fourth column, list the date you obtained the loan or debt, the type of debt (mortgage, for example) and a description of the property and its value.
- In the next columns, you will need to list if the property is contingent, un-liquidated or disputed by placing a check mark in this column if it applies. Contingent means that the debtor only owns money if something occurs, such as a third party defaults on payments. Un-liquidated means that you are expected the debt but you do not know the amount. Disputed means, the creditor and debtor dispute the claim, or the amount of the claim.
- In the amount of claim column, list the amount owed. List the most up to date amount.
- Unsecured portion, if any, is the column to list any equity in the property. This is the amount of value of the property minus any loan balance you have.
Hiring an Attorney
Filing in the Schedule D form can be difficult in some circumstances. Your bankruptcy attorney is best suited for filling out this form for you. Hire an attorney to ensure it is done properly.