To fill out bankruptcy Schedule D (Official Form 106D), list every creditor who holds a lien or security interest in your property, describe each piece of collateral specifically, and report both the full amount you owe and the current value of the collateral as of your petition date. You file it with the rest of your petition package, or within 14 days of the petition date if you file the petition alone first.1Legal Information Institute. Federal Rule of Bankruptcy Procedure 1007 – Lists, Schedules, Statements, and Other Documents; Time to File The trustee uses this schedule to figure out which of your assets are pledged to specific creditors, so accuracy on names, addresses, and values is the whole job.
Which Debts Go on Schedule D
A debt belongs on Schedule D any time a creditor has a lien or security interest in something you own. The form’s instructions cover judgment liens, garnishments, mortgages, deeds of trust, mechanic’s liens, and any other security interest against your property.2United States Courts. Instructions for Bankruptcy Forms for Individuals In practice, that means home mortgages, car loans, tax liens from the IRS or state agencies, contractor liens for unpaid work, child support liens, and even attorney or medical liens attached to a pending lawsuit recovery.
List the entire claim here even if the debt is larger than the collateral. If you owe $15,000 on a car worth $8,000, the full $15,000 goes on Schedule D, not split with Schedule E/F. The court applies 11 U.S.C. § 506 later to divide the claim into its secured and unsecured portions based on the collateral value you report.3Office of the Law Revision Counsel. 11 U.S. Code 506 – Determination of Secured Status
Where to Get the Form and How It’s Structured
Download the current version of Form 106D from the United States Courts website before you start.4United States Courts. Bankruptcy Form 106D Schedule D: Creditors Who Hold Claims Secured By Property (individuals) The form has two parts. Part 1 is for each secured creditor and the details of their claim. Part 2 is for additional parties who should get notice about a debt already listed in Part 1, such as a collection agency or an attorney trying to collect on behalf of a creditor. If you aren’t sure who the actual creditor is, list the party you’ve been paying in Part 1 and put anyone else who has contacted you about the debt in Part 2.2United States Courts. Instructions for Bankruptcy Forms for Individuals
Filling in Part 1
Creditor Name, Address, and Account Number
For each creditor, enter the full legal name, mailing address, and the last four digits of your account number.5United States Courts. Official Form 106D – Schedule D: Creditors Who Have Claims Secured by Property Use the name as it appears on your loan documents or billing statements. Enter the date the debt was first incurred. List creditors alphabetically where you can; the instructions ask for it, and it makes the trustee’s review faster.
Nature of the Lien
Three checkboxes describe how the creditor got their interest in your property. Check all that apply:5United States Courts. Official Form 106D – Schedule D: Creditors Who Have Claims Secured by Property
- Agreement, for security interests you gave voluntarily. Mortgages, car loans, and retail financing contracts fit here.
- Statutory lien, for liens created by law rather than by your agreement. IRS and state tax liens, mechanic’s liens, and child support liens are typical.
- Judgment lien, for liens created when a creditor sued you, won, and recorded the judgment against your property.
Some debts sit in more than one category. A voluntary loan that later turned into a recorded court judgment gets both Agreement and Judgment checked.
Describing the Property
Describe the collateral specifically enough that the trustee can identify it. For a house, give the street address. For a vehicle, include the year, make, model, and VIN. For equipment, add the serial number or a clear description. Vague entries like “personal property” or “household goods” invite follow-up questions and slow the case down.5United States Courts. Official Form 106D – Schedule D: Creditors Who Have Claims Secured by Property
Claim Amount, Collateral Value, and Status Boxes
In Column A, enter the total amount of the claim as of the date you filed your petition. Do not subtract the collateral’s value; report the full balance owed.5United States Courts. Official Form 106D – Schedule D: Creditors Who Have Claims Secured by Property In the separate value column, enter the current value of the collateral securing the claim. That figure is what the court compares against the claim amount to decide how much of the debt is actually secured.
You’ll also see three status boxes: contingent (the debt depends on something that hasn’t happened yet), unliquidated (the exact amount isn’t determined), and disputed (you disagree that you owe it, or disagree on the amount). Check all that apply. Most ordinary mortgage and car loan balances need none of them. A contested mechanic’s lien or a guaranty that hasn’t been called yet would.
Valuing the Collateral
For personal property such as vehicles, furniture, and electronics, the Bankruptcy Code requires replacement value: what a retail merchant would charge for similar property given its age and condition, not the price you’d get at a garage sale or pawn shop.3Office of the Law Revision Counsel. 11 U.S. Code 506 – Determination of Secured Status For a car, the standard approach is the retail or dealer retail value from Kelley Blue Book or NADA Guides as of the filing date. Insurance appraisals tend to run high and pawn-shop estimates run low; neither reflects replacement value.
Real estate takes more work. A recent appraisal, a comparative market analysis from a real estate agent, or recent comparable sales can support your number. A recent tax assessment is a starting point but may lag current market conditions. Trustees and creditors can challenge your figures, so keep written documentation for every value you enter.
Filing the Schedule
Schedule D goes in with the rest of your petition package: the other schedules, the statement of financial affairs, and supporting documents. If you file the petition first and hold the schedules, you have 14 days from the petition date to get everything to the court.1Legal Information Institute. Federal Rule of Bankruptcy Procedure 1007 – Lists, Schedules, Statements, and Other Documents; Time to File
Attorneys file through the court’s Case Management/Electronic Case Files (CM/ECF) system. Some courts allow pro se filers to use CM/ECF, but many require self-represented filers to bring paper copies to the bankruptcy clerk’s office.6United States Courts. Electronic Filing (CM/ECF) Call your local bankruptcy clerk before your filing date to confirm what they’ll accept from you.
Amending Schedule D After You File
If you discover a secured creditor you left off, you can amend Schedule D any time before the case closes.7Legal Information Institute. Rule 1009 – Amending a Voluntary Petition, List, Schedule, or Statement File the amended schedule, pay the $34 amendment fee, and give notice to the trustee and the newly added creditor.8United States Courts. Bankruptcy Court Miscellaneous Fee Schedule A bankruptcy judge can waive the fee for debtors who can’t afford it.
Timing has consequences. Adding a creditor late in the case, or after discharge, brings 11 U.S.C. § 523(a)(3) into play on whether the debt is dischargeable. In a no-asset Chapter 7, courts generally still discharge the added debt because there was no distribution to claim anyway. In an asset case or a Chapter 13, the analysis is more complicated, and it’s worth consulting an attorney before assuming a late-added debt will fall inside your discharge.
Why Getting It Right Matters
You sign the petition, and every schedule with it, under penalty of perjury. Federal law requires you to file complete and accurate schedules of your assets and liabilities.9Office of the Law Revision Counsel. 11 USC 521 – Debtor’s Duties10Office of the Law Revision Counsel. 18 USC 152 – Concealment of Assets; False Oaths and Claims; Bribery11Office of the Law Revision Counsel. 18 U.S. Code 3571 – Sentence of Fine
The practical risk is just as serious. Under 11 U.S.C. § 362, the automatic stay stops collection activity the moment the petition is filed, but the court can only notify creditors you actually listed.12Office of the Law Revision Counsel. 11 USC 362 – Automatic Stay A secured creditor left off Schedule D keeps their lien and can foreclose or repossess after the case closes as if you never filed. Before you sign, check your creditor list against your credit reports, loan documents, and property records, and confirm that every collateral value on the form has documentation you could hand the trustee at the meeting of creditors.13Office of the Law Revision Counsel. 11 U.S. Code 341 – Meetings of Creditors and Equity Security Holders