bankruptcy schedules
If I have a loan that is partially secured and I am filing for bankruptcy do I file it on schedule D.?
I had a personal loan that was refinanced and turned into a home equity loan. Our home was foreclosed and we current on the loan payments. We are filing for bankruptcy and I need to find out whether to list this under schedule D since it is partially secured or under schedule F since they don’t have any property to take from us.
If you no longer own your home, then a Home Equity Loan is no longer secured by it.
I do not understand how your home was foreclosed on yet you say you are “current on the loan payments.” Either the foreclosure took place, in which case you no longer own the home and should not be making payments on it, or the foreclosure did not take place (yet) and you still own (whatever equity you may have in) the home.
It sounds like you are trying to file your own bankruptcy “pro se” which is extremely inadvisable, particularly if there is a home on the line which you are about to lose in foreclosure. This is not a Do It Yourself project. The bankruptcy court is unforgiving of simple paperwork errors, which can sink your case in a heartbeat. The bankruptcy court will hold you to the same (high) standards for all paperwork and knowledge of the law that it would an attorney. Federal bankruptcy court is NOT the same as small claims court.
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