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    A little situation here

    I filed a chapter 7 case prose. I know you cannot attempt to get credit while in bankruptcy. But my employer is requesting I fill out a credit application for an American Express card that will be in my name and the companies name. I really dont want to tell my supervisor I am in bankruptcy as it is just somewhat embarrasing for me because he is my supervisor and I see him daily.

    I emailed my trustee and she just said she cant give out legal advice. i figured she would be the one who could answer. But what would you do in a situation like this or what would be advisable to do? And my 341 is 8/25

    #2
    As long as the Amer Express card say "business" on it and carries the companies name on it and you as an "authorized user" for them..... you shouldn't have any problems.

    You aren't responsible for the bill, your company is......

    In fact your company should be applying for these cards and putting you on as a "authorized user" only.

    If you do fill out the application for them, be sure to put the company name as th owner of the card and when you sign your name after it put "authorized user".

    This application should be based on the companies credit report..... not yours!! As these are considered company credit cards...
    Minny

    "It's amazing the paths that our feet sometimes follow in life".

    My suggestions are from "personal experience" and research only. Do not consider this as legal advice. Each bankruptcy case is different.

    Comment


      #3
      Minny is correct. When I came to my new employer shortly before I filed, I had to fill out paperwork for my compnay credit card (it wasn't an application), and I was very upfront with Human Resources about my BK, and I was assured that this is no way affects me or has anything to do with my credit worthiness.
      Bankruptcy History:
      Chapter 7 filed - 10/12/2005 - Asset
      Discharged - 02/16/2006
      Case Closed - 11/08/2007

      A banker is a fellow who lends you his umbrella when the sun is shining and wants it back the minute it begins to rain ~ Mark Twain

      All suggestions are based on personal experience and research and SHOULD NOT be construed as legal advice as I am NOT an attorney. Always consult with competent counsel in your area with regards to your particular situation.

      Comment


        #4
        Before filing, I had an AMEX Corporate Card with my name and my company's name on it. Once I filed, they canceled my Corporate Card. My company did not have the card setup as "direct bill", so I was responsible for the payment (even though the company reimburses my travel expenses). Just be prepared that AMEX may deny you if the application has your SS# listed on it. Good luck.

        getouttadebt
        FILED: 6/5/08
        DISCHARGED: 9/15/08
        CLOSED: 9/19/08
        6 Months Post BK Experian Score: 690

        Comment


          #5
          My husband has the card. He fill out the app, so is his card. To be considered a company card, the company adds you as authorize user. The way you are explaining does not look like you are one. Good luck!

          Comment


            #6
            Oh, I beg to differ with the above advice. Our company recently switched over to the corporate American Express cards for everyone. However, it is by choice and there is no "authorized user" stipulation.

            Anyway, my "invitation" to this clearly states that they will run my credit and report the findings to my employer and by signing it I agree to it.

            Oh NO NO NO NO NO. I do not agree and did not apply. A couple of people have questioned my decision and I just said, "I don't want one." Both times I was pressed for the reason why I didn't want one....they looked at me as if I had just turned down eternal youth.... and I repeated "I don't want one."

            It's none of their business why I don't want one so I don't care what they think but I know that they thought it was weird. After all, who doesn't want an American Express Corporate card to prove they are important and corporate like? They surely do. Ahem.

            Anyway, OP, I feel your pain. I believe that if you have to provide your own credentials in any way to get that card, they can't make you do that. I am not an expert on the subject but I would certainly look into it were I you.

            ep
            California Bankruptcy Central

            Comment


              #7
              Originally posted by mike9302 View Post
              I filed a chapter 7 case prose. I know you cannot attempt to get credit while in bankruptcy. But my employer is requesting I fill out a credit application for an American Express card that will be in my name and the companies name. I really dont want to tell my supervisor I am in bankruptcy as it is just somewhat embarrasing for me because he is my supervisor and I see him daily.

              I emailed my trustee and she just said she cant give out legal advice. i figured she would be the one who could answer. But what would you do in a situation like this or what would be advisable to do? And my 341 is 8/25
              Your key is do you provide your social security number on that application? May I also ask if you have an employment contract with your employer due to your position? If so, most of them have a clause in there that if you file bankruptcy during your employment you have to inform your employer right away. If I were you, I would go to HR management and consult with someone as to this situation. Due to privacy laws, they cannot divulge the conversation with anyone unless you give permission.
              _________________________________________
              Filed 5 Year Chapter 13: April 2002
              Early Buy-Out: April 2006
              Discharge: August 2006

              "A credit card is a snake in your pocket"

              Comment


                #8
                It is my opinion, and only that: I would fill out the application, as stated above make sure you are only a named user, and not responsible, and take the chance that the card company has seen this before. They want the company’s business and the company has employees and they know there are bk’s here and there. If denied, then, go “hat in hand” and tell the boss, due to circumstances………. You never know, it may get you a bigger raise. ‘Hub
                If I knew it all, would I be here?? Hang in there = Retained attorney 8-06, Filed 12-28-07, Discharge 8-13-08, Finally CLOSED 11-3-09, 3-31-10 AP Dismissed, Informed by incompetent lawyer of CLOSED status, October 14, 2010.

                Comment


                  #9
                  The key is whether or not the Corporate Card plan that your company is offering requires that you are responsible for payment OR if everything is direct bill to the employer. The last 3 companies I have been with have all offered the AMEX Corporate Card for sales professionals that travel. In each case, it was the responsibility of the individual to pay the bill. If that is your case, then you might have some trouble. Good luck.

                  getouttadebt
                  FILED: 6/5/08
                  DISCHARGED: 9/15/08
                  CLOSED: 9/19/08
                  6 Months Post BK Experian Score: 690

                  Comment

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