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Couple of things to clarify on petition

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    Couple of things to clarify on petition

    Just wanting to make sure I'm completing a few things correctly.

    1-On the credit matrix, I can put the name of a creditor one time with multiple acct numbers if the same address. For example, I have three accounts with Calvary and all have the same address.

    2-Using the same example, on Schedule F, I would need to list Calvary three times for each account correct?

    3-Schedule E-I owe both State of Colorado and IRS for taxes back from 2002. No judgments or liens etc. Would both of these go on Schedule E? Anywhere else?

    4-Student loans--on deferred status. I know I can't discharge these but do these go on Schedule E as well?

    Thanks so much!

    #2
    Originally posted by LynnD View Post
    1-On the credit matrix, I can put the name of a creditor one time with multiple acct numbers if the same address. For example, I have three accounts with Calvary and all have the same address.
    That's the normal practice.

    Originally posted by LynnD View Post
    2-Using the same example, on Schedule F, I would need to list Calvary three times for each account correct?
    Yes, that's the normal practice.

    Originally posted by LynnD View Post
    3-Schedule E-I owe both State of Colorado and IRS for taxes back from 2002. No judgments or liens etc. Would both of these go on Schedule E? Anywhere else?
    If they don't have liens associated with them, and it is less than 3 years old since they were due without penalty, or they were assessed within 240 days, or the return was filed within the last 2 years, then they are priority.

    Since you say that they are from 2002, then are likely dischargeable if they fit the criteria, and would go on Schedule F. Hopefully you filed a return for 2002 or the tax was assessed on your more than 240 days ago. As such, it's subject to be discharged.

    Originally posted by LynnD View Post
    4-Student loans--on deferred status. I know I can't discharge these but do these go on Schedule E as well?
    These are NOT entitled to priority, even though people think they are. Student loans are just "non-dischargeable" general unsecured debt and belong on Schedule F.
    Chapter 7 (No Asset/Non-Consumer) Filed (Pro Se) 7/08 (converted from Chapter 13 - 2/10)
    Status: (Auto) Discharged and Closed! 5/10
    Visit My BKForum Blog: justbroke's Blog

    Any advice provided is not legal advice, but simply the musings of a fellow bankrupt.

    Comment


      #3
      Thank you Justbroke.. yet again.

      So, my taxes were filed in 2002 but were not done correctly so they issued me a refund and then later sent a letter saying they discovered an error and I owed back x amount. They were filed on time. I was notified in 2003 or 2004 about the error so it was certainly assessed prior to 280 days ago. So according to what you have said, I just put them both on Schedule F and they as they aren't priority?

      Thanks again!

      Comment


        #4
        They aren't priority (or secured) if they were due without penalty more than 3 years ago, a tax return was filed more than 2 years ago, and it wasn't a tax assessed within 240 days from filing. You put them on Schedule F since they are "general" unsecured debt and are not entitled to priority.
        Chapter 7 (No Asset/Non-Consumer) Filed (Pro Se) 7/08 (converted from Chapter 13 - 2/10)
        Status: (Auto) Discharged and Closed! 5/10
        Visit My BKForum Blog: justbroke's Blog

        Any advice provided is not legal advice, but simply the musings of a fellow bankrupt.

        Comment

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