Cite as: Keith M. Lundin, Lundin On Chapter 13, § 36.13, at ¶ ____, LundinOnChapter13.com (last visited __________).
Schedule F to Official Bankruptcy Form 6 is a listing of unsecured nonpriority debt. Again, each creditor’s complete name, the creditor’s address (including zip code) and at least the last four digits of any account number should be included. After amendment to § 342 by the Bankruptcy Abuse Prevention and Consumer Protection Act of 2005 (BAPCPA),1 there may be good reasons to list the entire account number for each debt on Schedule F.2
The date the unsecured debt was incurred should be listed. After BAPCPA, the “date incurred” for some unsecured debts—especially credit card debt—has added importance because of new exceptions to discharge that include presumptions of nondischargeability for debts incurred within 90 days and 70 days of the petition.3
“Consideration for claim” might be a personal loan or a 90-day note. A tax claim that is unsecured and not entitled to priority should be listed in Schedule F. An unsecured claim subject to setoff is indicated on Schedule F.
Unsecured debts that are contingent or unliquidated should be clearly indicated with an “X” in the appropriate column, and the amount of a contingent or unliquidated unsecured claim should not be counted for eligibility purposes. Listing an unsecured debt as disputed does not affect its counting for eligibility purposes.4
Schedule F to Official Bankruptcy Form 6 may be misleading with respect to total unsecured debt for eligibility purposes. In some jurisdictions, total unsecured debt for eligibility purposes includes the unsecured portions of partially secured claims after splitting under 11 U.S.C. § 506(a).5 The instructions to Official Bankruptcy Form 6 indicate that a creditor should be listed in only one schedule; a partially secured debt is listed once in Schedule D with creditors holding secured claims, and the unsecured portion is not listed in Schedule F with creditors holding unsecured claims. However, if counsel follows the instructions and totals only the unsecured claims in Schedule F, the total will not reflect the unsecured portion of split claims from Schedule D. The resulting Summary of Schedules at the beginning of Official Bankruptcy Form 6 will then be misleading, especially in a jurisdiction that splits claims under § 506(a) for eligibility purposes.
1 Pub. L. No. 109-8, 119 Stat. 23 (2005).
2 See 11 U.S.C. § 342, discussed in §§ 35.5 [ Schedule D—Secured Claims ] § 36.11 Schedule D—Secured Claims and 365.1 [ Section 342: Notice in Chapter 13 Cases after BAPCPA ] § 4.3 Section 342: Notice What Didn’t Happen.
3 See 11 U.S.C. §§ 1328(a)(2) and 523(a)(2)(C), discussed in § 549.1 [ False Representations and Fraud: § 523(a)(2) ] § 159.2 False Representations and Fraud: § 523(a)(2).
4 See § 17.1 [ Disputed Debts ] § 17.1 Disputed Debts.
5 See § 14.1 [ Are Claims Split under 11 U.S.C. § 506(a)? ] § 14.4 Are Claims Split under 11 U.S.C. § 506(a)?.