Unsecured non priority claims-why is amount "unknown"

[scb]

Re: Schedule F-"Creditors holding unsecured non priority claims"
The debtor lists the name and address of the creditor which is as a result of a divorce case. The amount of claim is "unknown" when it is known. Why would it be listed as unknown? It appears the largest debt on schedule F is due to this particular creditor.

[justbroke]

When they filed the Bankruptcy, the outcome of the divorce proceedings had not been finalized. Therefore, the amount of property/assets is unknown at the time. It is probably also checked off as "disputed" as well.

[scb]

You are absolutely correct that is marked "disputed". However, the judgement for the amount owed to ex spouse as a result of equalization of property was in December 2008 and he filed for BK in Febuary 2009. As far as the box showing disputed, does it mean the debtor or the creditor disputing it?

[justbroke]

You are absolutely correct that is marked "disputed". However, the judgement for the amount owed to ex spouse as a result of equalization of property was in December 2008 and he filed for BK in Febuary 2009. As far as the box showing disputed, does it mean the debtor or the creditor disputing it?

They may still be disputing it... exactly!

[scb]

The outcome of the divorce proceedings had been finalized prior to filing of BK-like 7 months before. The amount of the property settlement was also known. Not sure why else he would input "unknown" on the amount on schedule F when the amount is known which is $50,000.

[JRScott]

Has he filed an appeal to the divorce decree, if so that could be why.

[scb]

No appeal has been filed. It's almost like he doesn't want the amount listed. $50,000 would be the largest amount owed if it was listed on schedule F. The judgement stays in family court since it's now taken over by bk court.

[JRScott]

Actually in most cases a bk cannot discharge a debt generated by a divorce decree where the debt is alimony or child support.

[scb]

It's actually for equalization of property and I think in order for it to get discharged, an advesary motion needs to be filed. It may not be worth hiring an attorney.