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Schedule A – Real Estate

by Adam Mack, JD

Schedule A is a form that you must fill out and file as part of your bankruptcy.  On this schedule you will list the real estate you own, if any, and how much it is worth.  While it is not required that you pay hundreds of dollars for a formal appraisal of your property to identify its value, you do need some sort of basis for your estimate, i.e. a tax assessment by the county appraiser.  There are instructions on how to complete the form on the top of Schedule A.

In Shawnee County, Kansas you can find valuation information on real property by going to the Shawnee County Appraiser’s website and conduct a real estate search on your property.  In addition to putting the value of your real property on the schedule, you will also list the nature of your interest and any co-debtors (although greater detail on any co-debtors will be disclosed on Schedule H).

Despite my statement above about it being unnecessary to have a formal appraisal conducted on your real property, there are times you will want to do so.  For example, if you are attempting to strip an inferior lien off of your house, then an appraisal will be a necessary part of the process of doing so.  For example, lets say you own a home in Topeka that is worth $120,000 and you have a first mortgage for $125,000 and second mortgage on your home for $40,000, then you can try to strip off the security interest on the second mortgage and then discharge that debt as an unsecured debt.  That said, this is a complex and often contentious process, so you should seek legal counsel before attempting such an endeavor.
 

Disclaimer

These articles are for general informational use and do not constitute legal advice. Since laws change over time, it’s possible some articles are out of date and for that reason, we make no representation that the articles are fully accurate. For actual, up-to-date legal advice (including a free consultation), please contact us!