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Where in petition to disclose legal claim?

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    Where in petition to disclose legal claim?

    I know the trustees ask at the 341 Meeting if the debtor has a legal claim or thinks they have a legal claim against someone (that would obviously result in money for the estate).

    Is this question also on the petition somewhere? I thought it was in the "Statement of Financial Affairs," but I can't find it.

    Anyone?

    #2
    Originally posted by Dewey View Post
    I know the trustees ask at the 341 Meeting if the debtor has a legal claim or thinks they have a legal claim against someone (that would obviously result in money for the estate).

    Is this question also on the petition somewhere? I thought it was in the "Statement of Financial Affairs," but I can't find it.

    Anyone?
    It is in the Statement of Financial Affairs - http://www.uscourts.gov/rules/BK_For..._007_1207f.pdf

    Look at page 3, question 4 - Suits and administrative proceedings, executions, garnishments and attachments
    I am not a lawyer and this is not legal advice nor a statement of the law - only a lawyer can provide those.

    06/01/06 - Filed Ch 13
    06/28/06 - 341 Meeting
    07/18/06 - Confirmation Hearing - not confirmed, 3 objections
    10/05/06 - Hearing to resolve 2 trustee objections
    01/24/07 - Judge dismisses mortgage company objection
    09/27/07 - Confirmed at last!
    06/10/11 - Trustee confirms all payments made
    08/10/11 - DISCHARGED !

    10/02/11 - CASE CLOSED
    Countdown: 60 months paid, 0 months to go

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      #3
      it can also be put down in the list of assets.
      filed ch7 May 09
      341 june 09
      discharged, closed Aug 09

      Comment


        #4
        Thanks. I didn't think the appropriate place for a claim or cause of action a debtor alleges to have would go under question 4 of the Statement of Financial Affairs when a suit hasn't yet been filed.

        Would the appropriate place to disclose that be on Schedule B, question 21 "Other contingent and unliquidated claims of every nature, including tax refunds, counterclaims of the debtor, and rights to setoff claims. Give estimated value of each."?

        Comment


          #5
          dewey, i think schedule B is probably what i meant.

          also, as long as its there one way or the other, you're fine.
          filed ch7 May 09
          341 june 09
          discharged, closed Aug 09

          Comment


            #6
            Goes in the SOFA and in your assets. The value is Unknown.
            7-2-2009 Filed
            8-28-09 341 Concluded, no assets
            10-28-09 DISCHARGED/CLOSED!!!!

            Comment

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