Can I do this after the 341?

[ameliabedilia]

I have a question.
My husbands new job offers him a free cell phone, which can be used without a minute limit and I can buy into the company plan for $25 a month, unlimited minutes too. We have had Sprint for about 4 years now and when I called to see if we could get out of our plans (I was under the impression I could as we have been customers so long) I was told that since we made a change to our plan recently it would be a $250 cancellation fee per phone.
We did make a change when my husband lost his job a few months back to a cheaper plan, but it's still nearly $100 after taxes per month. Doing that made our plans get extended for a whole year.
I would love to just drop these phones since we can save $75 per month. Can I add them to my creditor list now? Our 341 was 11/19/07. Can I also maybe just tell them that we filed and send them a copy? How does adding creditors work?

[rrockinggramma]

You need to contact your attorney but I put nextel and sprint in mine, but I listed them up front. Sprint could argue that it is post petition debt since you canceled after filing. With T Mobil they argued that in my chapter 13, that I canceled after filing date so it couldn't be included. I canceled anyway and just paid them off at 10.00 a month. As long as I made payments, it was ok with them.

[ameliabedilia]

Thanks for the reply. We filed alone, so you all are my go to folks .
I thought I had read somewhere that you don't actually always have to list all the creditors, that you can send them your bk stuff and let them know you filed and it's included. Not sure where I read it, but it kind of sounds too good to be true.

[PaKettle]

Thanks for the reply. We filed alone, so you all are my go to folks .
I thought I had read somewhere that you don't actually always have to list all the creditors, that you can send them your bk stuff and let them know you filed and it's included. Not sure where I read it, but it kind of sounds too good to be true.

In some states, everything you owe before filing (or is it before discharge?) is considered discharged whether you list them or not, as I understand it (though I'm not an attorney, nor do I play one on tv).

I would think if the debt was incurred after filing, though, it might not count... That said, though, you might be able to "pull one over on them" and just say, later, that you filed bankruptcy, show them the discharge paper and hope that satisfies them.

Personally, I would take a different tack. I would call them, ask to speak to a manager, say that no one TOLD you that you were signing up for a new contract when you made the change, and so they should let you out of the contract. If that doesn't work tell them you'll go online and badmouth them to everyone if they don't let you out of it. I've had some success with this kind of thing. Start out acting very nice, try to get them on your side, tell them you've been customers a long time and are only switching because you have a deal through work... THEN, if they don't agree to it, get tough with them, threaten to take it to small claims, file a complaint with the fcc etc because they did not notify you of a new contract going along with the changes.

[SinkingFast]

Pre petition debts in a No Asset Case under Old Law were Discharged. Even if they weren't listed. The reasoning is,........ If you don't have anything you can't Exempt, there's nothing for the Creditors to get anyway.

Supposedly, the same should hold true under New Law as well. But I **think** that specific verbage didn't make it into New Law.

If you made the switch before you filed BK and you're just now learning about this 1 year extension,............ You can Amend your Creditor's Matrix to include Sprint. The fee is $26. Different Courts have different rules about what all has to be filed and/or refiled if you Amend, so you'd need to check with the Clerk's Office to know for sure.

Personally, I would take a different tack. I would call them, ask to speak to a manager, say that no one TOLD you that you were signing up for a new contract when you made the change, and so they should let you out of the contract.

When we moved, we had to change numbers to get into our new area code. Sprint was gonna boot my contract out too. Just a few months before it was set to expire. I did what PaK suggested.

I said, "I don't think so!! You're not gonna penalize me for moving." Just kept going up the chain of command until I got an upper level management person to note my file. Original contract date remained in place.