How do you determine debtors interest in real property for schedule a in chapter 7?

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Question:

How do you determine debtors interest in real property for schedule a in chapter 7?

Answer:

In most cases, interest in the property will be "Fee Simple" meaning that the debtor owns the property. Even with a loan on the property, the debtor holds the title and is considered the owner. Other debtors interest in real property from Schedule A can include:

  • Lien Holder: When the debtor has a lien on another party's property, it too must be listed on Schedule A.
  • Future Interest: When the debtor will have the right to the property in the future. When real estate is going to be transferred to the debtor through a deed of trust or other form of inheritance, it too should be listed as property on Schedule A, indicating that it is a future interest.
  • Easement Holder: If the debtor has been granted an easement by a third party's property, it too must be listed.

When filing for bankruptcy, it is on Schedule A (one of the many forms completed during a Chapter 7 bankruptcy case), that the debtor lists all real property which he and his spouse own. This is required even if a person does not own any real estate; they must still complete the top portion of the form and submit it along with the other bankruptcy forms.

Real property is any piece of land (real estate) that is owned by the debtor. Generally this is a primary residence, a rental property, a business property, vacation property or unused land. In the case of exempt real estate, the debtor lists that in further documents, but they must still list it on Schedule A if they wish their petition to be complete and the case avoid being dismissed.

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