Legal Question in Bankruptcy in Massachusetts
On bankruptcy Form 6, Sched. F (Creditors Holding Unsecured Nonpriority Claims)- do they want the original name of the creditor (ie: Credit card co.)- or the collection agency (if it has been written off)? Also- what would be considered "date claim was incurred" on these credit card debts (both written off/gone to collections, and those in which the payments have been stopped- but still appear to be in the original creditor's name- albeit with a lawyer now sending letters)? Thank you
1 Answer from Attorneys
On Schedule F you should always list the original creditor first. Then, in the box below it, give the name and address of any collection agency, indicating in the middle box: for notice purposes only. There is no limit to the number of "for notice purposes only" entries you may include for any individual debt. I just filed a petition listing on schedule F (1) the original credit card company (2) a collections company (3) the law firm retained (4) the clerk of court where the collection just went to judgment this week. The 'date claim incurred' is usually printed through on the credit report. You are referring to your credit report aren't you? This is the date you opened the account.
Finally, filing a bankruptcy requires thorough review of all of your debt, income and assets. Do not file a bankruptcy without retaining experienced bankruptcy counsel in your jurisdiction to guide you through the complexities of bankruptcy law and procedure.
This answer is offered for informational purposes only. It is not offered as, and does not constitute, legal advice. Laws vary widely from state to state. You should rely only on the advice given to you during a personal consultation by a local attorney who is thoroughly familiar with state laws and the area of practice in which your concern lies