| Schedule F is the schedule whereby a debtor lists all | | | | right to collect on the debt. This is not the case in the |
| of his unsecured creditors. This can be anything from a | | | | Northern District of Illinois. The judges in that district |
| credit card obligation to a medical bill to just about | | | | have adopted the case of In Re Mendiola. The |
| anything in between. Every creditor listed in Schedule F | | | | Mendiola case basically states that a debt is eliminated, |
| will receive notices from the clerk of the U.S. | | | | despite not being listed, if it was a debt that could have |
| Bankruptcy Court. Such notices include the | | | | been eliminated and the creditor would not have had a |
| commencement of the filing of the case, a notice if | | | | basis to file an objection. Mendiola was attempting to |
| there are assets to be administered, notice of | | | | reopen his Chapter 7 bankruptcy case to add a |
| discharge if the case completes as well as several | | | | missing creditor. The Court advised that this practice |
| other possible notices. | | | | was not necessary as long as it was a debt of the |
| From the debtor's standpoint, he wants all of his | | | | type listed above. It is still unclear whether or not |
| creditors to be properly listed. He wants the creditors | | | | Mendiola will survive an attempt by a creditor |
| to update their records so that he does not continue to | | | | post-bankruptcy reform. To date, however, Mendiola is |
| be billed. Additionally, he wants all collection companies | | | | still the generally accepted rule. |
| to be listed as well. Often, the creditors will farm out | | | | Thus, a debtor should take his time and pay careful |
| their collections to independent collection firms. They | | | | attention to the creditors listed on Schedule F. The |
| often transfer the debts back and forth among | | | | debtor should be as thorough as possible to insure that |
| several collection companies. By properly listed all of a | | | | his attorney can properly complete the schedule. This |
| creditor's collection companies, there is a greater | | | | includes the account number, date of service, and |
| chance that the collection process will cease once the | | | | approximate dollar amount of what is owed. This will |
| bankruptcy notice is submitted by the clerk. | | | | also make it easier for the Chapter 7 trustee to |
| Importantly, in some jurisdictions throughout the country, | | | | understand the nature of the debtor's debt. |
| creditors who were not properly listed may have the | | | | |