Unsecured Priority List---dischargeable?

[DebtZombie]

Ok, so if I list a debt on the Unsecured Priority List, and the trustee says he is pretty sure it is dischargeable, do I have to amend the schedules, to make the debt dischargeable?

Or is the fact it on the BK paperwork anywhere, enough reason after discharge to make the debt included in the BK?


many thanks in advance!

DZ

[frogger]

Anything that can be discharged in a 7 is discharged in a 7, even if not listed.

That being said, student loans and a few other things are not discharged.

[DebtZombie]

so no need to amend the schedules to list it in the right place?

[dumpinmydebt]

Are you trying to say that you listed it as Unsecured Priority and it should be Unsecured Non-priority? Are you a non-asset case? It won't matter either way if you are a non asset case. I wouldn't worry about it, nor would I amend my schedules for it.

[DebtZombie]

Non asset case, and yeah it's actually a NON PRIORITY( I hope, it's an odd situation, but they were on the matrix, so they got the same notice everyone else got, after discharge I will contact them to be sure it's zeroed out) THANKS

[dumpinmydebt]

Oh, well then I wouldn't worry about it.

[tcreegan]

Hi again DebtZombie!

I agree, probably not worth amending. The priority/non-priority business is 'who gets paid first' ...but since you are a no-asset case, nobody gets paid so it doesn't matter who is on first....

"Who is on first" Abbot & Costello or Laurel & Hardy ? Man, I am getting old!!

Tom in Colo

[despritfreya]

There are only a few categories of "priority creditors". They include child support/spousal support, certain taxes, unpaid wages and consumer deposits. They do not include student loans (which are simply general unsecured but not dischargeable without a separate court order). Listing a debt that is not priority as a priority claim (or visa-versa) does not change its correct status.

Listing an item in the incorrect category is not a big deal as you can always amend the Schedule before the close of the case if necessary. If your case were an asset case the creditor would have to file a Proof of Claim which, most likely, would properly categorize the debt.

Des.