New Bankruptcy Schedule E/F
List your unsecured priority and non-priority claims on new Schedule E
In 2016, the US Courts undertook an overhaul of the bankruptcy documents every debtor has to file a a bankruptcy case. Most of those forms were required as of December 2016. Assets and debts are listed on schedules. Schedules E and F used to list priority unsecured and non-priority unsecured debts separately. Now there is just one form, Schedule E/F, formally called Schedule E/F - Creditors Who Have Unsecured Claims.
It is still necessary to differentiate between priority and non-priority claims because there are sections of the forms dedicated to each type.
Schedule E/F can be confusing and complicated for many debtors to complete. Unsecured debts are debts that do not have collateral security their repayment. Even with the instructions on the schedule, it is difficult to know if a particular unsecured debt is priority or not. In general, priority claims are either non-dischargeable in bankruptcy or are entitled to payment above other creditors if the bankruptcy trustee comes into assets. If you are uncertain about how to characterize your debt, you need to consult with an experienced bankruptcy attorney. If you fail to complete the form correctly, or if you mischaracterize your debt, you could be compromising your rights.
Part I: List all your priority unsecured claims
Types of Priority Claims
The first sheet of the Schedule E/F acts as a road map for you to fill out the document.
There are multiple boxes for you to check next to the type of priority claims that you have. If you have no priority claims, check the box for none. The types of priority claims include: domestic support obligations, extensions of credit in an involuntary bankruptcy case, wages/salaries/commissions, contributions to employee benefit plans, claims of certain farmers and fishermen, deposits by individuals, taxes and debt owed to governments, commitments to maintain capital of an insured depository institution, and claims for death or injury while the debtor was intoxicated.
List the priority creditor's name, address, and account number.
When Was the Debt Incurred?
When was the claim incurred? Write down the date ion this blank.
Type of Debt
Are you disputing the debt, or claiming that it is contingent or unliquidated? Check one or more columns to indicate this. Unliquidated claims are those that cannot be calculated numerically. A contingent claim is one that has not arisen yet, but is contingent on some future event.
Is the debt for a domestic support obligation, taxes, personal injury claims or "other?"
Amount of Claim
This column is fairly straightforward - you need only disclose the amount of the claim in dollars.
Amount Entitled to Priority
State how much of each claim is entitled to priority and how much of the debt is no-priority.
Note: Consequences of Priority Unsecured Claims
Priority unsecured claims will be paid above any other claims, except for administrative claims (such as the trustee's fees). This aspect does not particularly affect a debtor, but does certainly change the outcome of a distribution for other creditors. As previously discussed, however, many of the priority claims are also non-dischargeable, such as domestic support obligations, taxes, and claims for death or injury while intoxicated.
This means that despite the bankruptcy filing, those creditors can still seek to collect the debt by suing you or by using any other legal means.
Part 2: List all your nonpriority unsecured claims
Here, you'll list all your unsecured debt that is not priority, including credit cards, medical bills, personal loans, old taxes and anything else that isn't secured or priority. Mark the appropriate box If the debt is a student loan, debts that arise out of a separation agreement or divorce, a debt to a pension or profit sharing plan. Otherwise, under "other" state what kind of debt it is.
Part 3: List Others to Be Notified About a Debt That You Already Listed
Sometimes another person or company needs to listed, like a law firm, or a governmental agency, to ensure they receive notice of the bankruptcy.
These usually include law firms and government agencies.
Part 4: Add the Amounts for Each Type of Unsecured Claim
This is your summary for Schedule E/F.
To learn more about all the schedules filed in a bankruptcy case, visit Basics of the Bankruptcy Schedules.