You are here

Schedule E/F: Creditors Who Have Unsecured Claims

Produced by Attorney Mariah Jennings-Rampsi for MassLegalHelp
Created August, 2016

Get Schedule E/F: Creditors Who Have Unsecured Claims from the US Bankruptcy Court website.

Save the form on your computer.

Part 1 Unsecured Priority Claims

Unsecured debt is not connected to any property. 

  • PRIORITY debt is a special kind of debt that will be paid before other unsecured debts.
  • NON PRIORITY debts:
    • Include credit card and medical bills.
    • May not get paid. 

Only a few debts are PRIORITY unsecured debts.  The most common are:

  • Overdue child support or alimony,
  • State and Federal Income taxes,
  • Criminal fines and restitution,
  • Overpayments of public assistance (food stamps, unemployment, public assistance, etc.),
  • Claims for Death or Personal Injury While Debtor Was Intoxicated, and
  • Other unsecured priority debts if you owned a business in the past six months.

Filling out Part 1: Priority Unsecured Claims

In the top box put your name and your spouse’s if you are both filing.

Skip the box that asks for the District.

Put “Mass.” in the box that asks for your state.

The clerk will give you the Case No. when you file your Bankruptcy Petition.

The top box of most Bankruptcy forms.

Most of Schedule E/F is easy to fill out. Some parts are not so easy to understand. It is important to understand the question before you answer it.

What if I do not have any of the debts listed above?

If you have none of the debts listed above, you probably do not have any PRIORITY unsecured debts. 

  • Check the 1st box, at the top of the 1st page if “No” creditors have priority claims against you.
  • Go to part 2 to list your unsecured nonpriority claims.

Check No if no creditors  have priority claims again you.

If you have any of the debts listed above

List the information for that debt and check the boxes that describe it.

“Is the claim subject to Offset”?

Asks if you have to pay back the whole debt. For example, if you owe the creditor $1,000 but the creditor owes you $200,   then the claim can be “offset”.

Contingent, Unliquidated or Disputed

Schedule EF showing Contingent, Unliquidated, Disputed boxes

  • Contingent: If you may owe this debt but you do not owe it yet and you are not positive you will owe it because it depends on something out of your control,check this box. For example, your insurance may pay your hospital bill but they have not paid it yet.
  • Unliquidated: If you know you owe money to the creditor but you do not know how much or you do not agree to the amount they say you owe, check this box.
  • Disputed: If you believe you do not owe any money to the creditor check this box.

Your debt may be any combination of these 3 conditions, so check all the boxes that apply to the debt.

Check the box next to the type of priority unsecured claim you have

Is it:

  • Overdue child support or alimony, check the box next to “Domestic Support Obligations.”
  • Taxes from the past three years to any state or the federal government, check the box next to “Taxes and Certain Other Debts Owed to Governmental Units.” If you owe any back taxes talk to a lawyer before filing.
  • Criminal fines or restitution, check the box next to “Taxes and Certain Other Debts Owed to Governmental Units.”
  • Overpayment of public benefits check the box next to “Taxes and Certain Other Debts Owed to Governmental Units.”
  • Claims for Death or Personal Injury While Debtor Was Intoxicated check the box next to it.

Write in the total claim amount.

The priority amount is the amount that is paid first.

For example

You owe $3,000 in to your town. $2,500 is for property taxes so it is priority. $500 is for water and sewer so it is not priority.

  • $3,000 is the total claim
  • $2,500 is priority
  • $500 is non priority.

Note about discharging priority debt.

You cannot get most back-taxes and fines discharged in your bankruptcy.  You still have to pay them.

You can get overpayment of public benefits like food stamps, unemployment, social security, and social security disability discharged. If you owe the government for benefits they overpaid you, you may not have to pay these debts in bankruptcy.

Part 2: NONPRIORITY unsecured claims

You will list most of your debts here, in Part 2.

List your debts in alphabetical order. List the information for that debt and check the boxes for the kind of debt it is.

Notes

  • Was your home foreclosed?  If your home was foreclosed, your mortgage is on Schedule F. The loan is no longer secured by the house so it is unsecured.
  • List debts even if you want to pay them. You can pay the debt later if you want to. For example, if you owe a debt to your family dentist, you may want to pay it. You still must list it on Schedule F.
  • List debts to family members. You cannot pay family members over other creditors.  You might not be allowed to give money to a relative during your bankruptcy case.
  • List the original creditors for all your unsecured debts in alphabetical order. The original creditor is who you first owed the money to, before your bill was sent to collections.
  • List all the collection agencies and attorney or law firms that also tried to collect the debt in Section 3.  Do not list them in Section 2. Sometimes the same debt is collected by more than one collection agency.

Example

ABC Hospital billed you for your stay at the hospital. You did not pay it. The Hospital hired DEF Collections Company to collect the bill. Then you got a statement from Collections America for the same bill. DEF Collections Company might have sold your account to Collections America. Or DEF Collections Company might have just changed its name. Either way, you will list both DEF Collections Company and Collections America under collection agencies for the hospital bill in section 3.

You may need extra pages:

           Number of Creditors Number of Extra Pages You Will Need
           1 to 3 0

 

            4 to 6 1

 

            7 to 9 2

 

            10 to 12 3
            13 to 15 4
            16 to 18 5

Part 4: Add the Amounts for Each Type of Unsecured Claim

Line 6a

Look back at Part 1.

Add together the amounts of any debts where you checked “domestic support obligation.” This is for child support or alimony. If you do not owe any domestic support obligations, write “0.”

Do the same for each other category.

Put the total Priority claims in 6e.

Put the total nonpriority claims in 6j.

After you finish Schedule EF, go to Schedule G: Executory Contracts and Unexpired Leases.

Filing without a lawyer

  • Bankruptcy is complicated. Filing without a lawyer is risky.
  • You can lose property and money. You can go to jail if you do not tell the truth.

Ask a Law Librarian

If it's
Monday-Friday
between
9am and 4pm