It's a bit weird to schedule a fake number under penalty of perjury. I
highly recommend against it.
The best thing to do is find the records and amend the schedules to reflect
the amounts owed. If your client had many vendors, then he had a way to
keep track of them!
Another option is to amend schedules to include whatever information you
have and try to convince the Trustee that what you've provided is
sufficient. If that does not work, the Trustee's threat will be a denial of
discharge action under 727. You don't want to let it get to that point.
Another approach may be to list the creditors as notice only. This should
only be done if your client really does not know if he owes them money or
not but wants to be sure to give them notice of the bk and an opportunity
to file a poc.
Please keep in mind I have little to no experience with Chapter 7.
Sincerely,
Michael Avanesian, Esq.
Avanesian Law firm
101 N. Brand Blvd, PH 1920
Glendale, CA 91203
On Tue, Jan 6, 2015 at 11:37 AM, 'Vernon L. Ellicott, Esq.'
vle@vlelaw.com
[cdcbaa] wrote:
>
>
> If nothing else, amend the schedules so that each creditor is owed $1.00
> rather than unknown. Obviously, you want to list all the potential
> creditors you can. However, it seems to me that listing the amounts as
> unknown is exactly the right thing to do in your clients situation so I
> dont understand the issue the trustee is having.
>
>
>
> Vernon L. Ellicott, Esq.
>
> Certified Family Law Specialist
>
> California State Bar Board of Legal Specialization
>
> Family Law, Bankruptcy, and Estate Planning
>
> Law Offices of Vernon L. Ellicott
>
> 325 E. Hillcrest Drive, Suite 150 23929 Valencia Blvd., Suite
> 411
>
> Thousand Oaks, CA 91360-7799 Valencia, CA 91355
>
> (805) 446-6262 (661) 222-2922
>
> (805) 446-6264 Fax
>
>
>
>
>
> This e-mail transmission and any documents, files, or previous e-mail
> messages attached to it, may contain confidential information from the LAW
> OFFICES OF VERNON L. ELLICOTT that is legally privileged. If you are not
> the intended recipient, or a person responsible for delivering it to the
> intended recipient, you are hereby notified that any disclosure, copying,
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> this message is STRICTLY PROHIBITED. If you received this transmission in
> error, please immediately notify us by reply e-mail, or by telephone at (805)
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> *A bad day on the bike is better than a good day on the golf course!*
>
>
>
>
>
> *From:*
cdcbaa@yahoogroups.com [mailto:
cdcbaa@yahoogroups.com]
> *Sent:* Tuesday, January 06, 2015 11:25 AM
> *To:*
cdcbaa@yahoogroups.com
> *Subject:* [cdcbaa] Amending Sch F to delete creditors
>
>
>
>
>
> Dear listmates,
>
> I'm working on a case where debtors listed a huge amount of creditors that
> they believed they owed money to but did not know the amounts owed to each
> creditor. The debtors owned a business previously with huge amount of
> vendors. The creditors were listed on Sch F with a claim amount of
> unknown. Trustee is requiring that debtor list amounts. If debtor is
> unable to find the bills to put in the claim amounts, deleting them maybe
> debtors only option.
>
> I have never run into this issue before. My question is what is the
> procedure to delete the creditors on Sch F? Do I just amend Sch F by
> deleting the creditors, filing the amendment, and upload a new mailing
> matrix?
>
> Thanks in advance for the help.
>
> Regards,
>
>
>
> Tuan Le
>
>
>
> Tuan Le, Esq.
>
> Law Offices of Steve Lopez
>
> 8562 Florence Avenue, Suite A
>
> Downey, California 90240
>
> Main: (562)904-1193
>
> Fax: (562)262-2846
>
>
>
> DISCLAIMER: This e-mail may contain confidential information and may also
> be legally privileged. If you are not an intended recipient, as indicated
> above, please notify us immediately. In such event, you should not copy or
> use this e-mail for any purpose nor disclose its contents to anyone.
> Enclosed information and attachments remain the property of the LAW OFFICE
> OF STEVE LOPEZ. Opinions, conclusions, attachments, and neither information
> in this message that do not relate to the official business of the LAW
> OFFICE OF STEVE LOPEZ should be understood as my personal responsibility,
> and as neither given nor endorsed by the LAW OFFICE OF STEVE LOPEZ.
>
>
>
>
>
It's a bit weird to schedule a fake number under penalty of perjury. I highly recommend against it.The best thing to do is find the records and amend the schedules to reflect the amounts owed. If your client had many vendors, then he had a way to keep track of them!Another option is to amend schedules to include whatever information you have and try to convince the Trustee that what you've provided is sufficient. If that does not work, the Trustee's threat will be a denial of discharge action under 727. You don't want to let it get to that point. Another approach may be to list the creditors as notice only. This should only be done if your client really does not know if he owes them money or not but wants to be sure to give them notice of the bk and an opportunity to file a poc.Please keep in mind I have little to no experience with Chapter 7.Sincerely,Michael Avanesian, Esq.Avanesian Law firm101 N. Brand Blvd,PH 1920Glendale, CA 91203
On Tue, Jan 6, 2015 at 11:37 AM, 'Vernon L. Ellicott, Esq.'
vle@vlelaw.com [cdcbaa] <
cdcbaa@yahoogroups.com> wrote:
If nothing else, amend the schedules so that each creditor is owed $1.00 rather than unknown. Obviously, you want to list all the potential creditors you can.
However, it seems to me that listing the amounts as unknown is exactly the right thing to do in your clients situation so I dont understand the issue the trustee is having.
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