Completing Bankruptcy's Schedule G: Executory Contracts and Unexpired Leases
On Schedule G of the bankruptcy forms, you list all ongoing contracts and leases to which you are a party.
When you file for Chapter 7 or Chapter 13 bankruptcy, you must complete a large packet of forms, called the official bankruptcy forms, which give the court a detailed picture of your income, debts, assets, and financial situation. One of those forms is Schedule G: Executory Contracts and Unexpired Leases. On Schedule G, you list all ongoing contracts and leases to which you are a party.
Read on to learn about executory contracts and unexpired leases, and how to fill out Schedule G.
(To learn what happens to executory contracts and unexpired leases in bankruptcy, see What Happens to Contracts and Leases in Chapter 13 Bankruptcy? and What Happens to Leases and Contracts in Chapter 7 Bankruptcy?)
What Are Executory Contracts and Unexpired Leases?
An executor contract is one that is still in force, which means both parties must still perform under it. An unexpired lease is a lease that is still in effect – the lease period hasn’t run out yet.
Some common examples of executor contracts and leases include:
- car leases
- residential leases or rental agreements
- business leases or rental agreements
- service contracts
- business contracts
- time-share contracts or leases
- contracts of sale for real estate
- personal property leases, such as equipment used in a beauty salon
- copyright and patent license agreements
- leases of real estate (surface and underground) for the purpose of harvesting timber, minerals, or oil
- future homeowners’ association fee requirements
- agreements for boat docking privileges, and
- insurance contracts.
How to Get Schedule G
You can find the most recent version of Schedule G on the U.S. Court’s website at www.uscourts.gov. To learn more about getting the official and other forms, see The Bankruptcy Forms: Getting Started.
Completing Schedule G
The instructions for completing Schedule G are fairly simple. If you aren’t a party to a lease or contract, check the box that says so. Otherwise, continue on. The form has two columns. In the first column, list the name and contact information for every party to the lease or contract. In the second column, provide:
- a description of the contract or lease (for example, “sales contract for debtor’s home” or “lease of business equipment”)
- relevant dates, such as the date the contract was signed, the date the lease will expire, and the like
- a brief summary of each party’s obligations and rights under the contract or lease, and
- if the contract is with the government, the contract number.
What If You Are Not Current on Contract or Lease Payments?
If you are behind on payments due under a contract or lease, you must list that delinquency as a debt on the appropriate schedule – either Schedule D or Schedule E/F.
(To learn about the other forms you must file, see Completing the Bankruptcy Forms.)
This article provides general information only. There are many legal issues involved and important decisions to be made when filing for bankruptcy. You must understand the entire bankruptcy process, learn about the applicable federal and state laws, and determine how those laws will affect your particular situation before you complete the bankruptcy forms. If you want to file bankruptcy without a lawyer, use a good do-it-yourself book like Nolo's How to File for Chapter 7 Bankruptcy to ensure you make well informed decisions about your bankruptcy case.