San Bernardino, CA asked in Bankruptcy for California

Q: Are garnishments considered secure debts in a chapter 7?On schedule F how do I list debts that have gone to collection?

Related Topics:
1 Lawyer Answer
Kathryn U. Tokarska
Kathryn U. Tokarska
  • Bankruptcy Lawyer
  • San Diego, CA
  • Licensed in California

A: Not necessarily. Garnishment can be result of an unsecured creditor (such as credit card account) having filed a lawsuit and obtained a judgment. You would list the original creditor information on schedule F, then list any collection agencies on the Creditor's Matrix. If you have been sued in the 12 months prior to filing your bankrupcy case you should also include information about the lawsuit in the form called "Statement of Financial Affairs". The reason for putting the original creditor on Schedule F and putting the collection agency or agencies on creditor's matrix is that both will receive notice, but only one should be counted toward your total debt on schedule F. As you may know, collection agencies can change over time, so you want to include the original creditor on schedule F. Whoever takes over the collection of this account will be subject to the discharge based on receiving a discharge as to the original debt.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.