Legal Question in Bankruptcy in California

Re: bankruptcy schedule d or f ?

I was in court yesterday for a hearing on one of my cases. In every case where the debtor was representing themselves, the judge was forced to dismiss the case due to a mistake made by the debtors. Do yourself a favor and get an attorney.

Whether you list the debt on Schedule D or F depends on whether or not the judgment creditor has taken steps to create a judgment lien on your property such as recording a judgment lien against your home (if you own a home). An experienced bankruptcy attorney can help you determine if any such liens and possibly take steps to have the liens removed from your property in bankruptcy.

The lawsuit and judgment should also be listed in question 4 of the Statement of Financial Affairs and the repossession should be listed in question 5 if it occurred within the 12 months prior to the filing of your bankruptcy.

Re: bankruptcy schedule d or f ?

It does not make any difference as repoting it in either place will not get your money returned to you. You would have to do a motion to avoid lien if you want to get money being held by the Sheriff returned.