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    #1

    Question about outstanding debt...

    First I have to say, my case was discharged and closed last week. Yippee!!

    OK, so I know you're supposed to list every debt when you file your paperwork. However, my hubby had an AMEX that was through his employer, and we didn't list it on our schedules (he didn't want anyone at work to be notified of the BK). All of the debt on it was from us personally, nothing being reimbursed from work. So anyway, I know that even if something wasn't listed, as long as the debt was incurred before your filing date, it is discharged. My hubby started a new job yesterday and I was thinking about sending AMEX a copy of the discharge and trying to get it included in the BK. Is this advisable and if so, is that the right way to go about it?

    Thanks for your replies!
    Tags: None
    #2
    That logic is upheld in some districts, I'm not sure which ones.

    No harm in trying it-but Amex will probably not roll over. Were there any recent transactions that might have prompted an objection? If so-they would likely argue that they were denied their right to object. If only old activity, or minor amounts, it will be better for you.
    Most of my information is from personal experience or HOURS and HOURS of online research. When you're searching online, keep in mind there is no guarantee that the info is completely up to date, and your situation is unique from anyone else's. Do your homework, and consult with an attorney so you can make an informed decision.

    Comment

      #3
      Outstanding Debt Details

      There were some charges on it within a couple weeks of filing, but the whole outstanding balance is $1100.00, so not a huge amount of money.

      So, the worst that can happen if I do try to get it included is that they will come back and say no because of recent charges and they didn't have time to object? If that's the case and we end up paying, then so be it. But if they could get nasty and have our case reopened, then I will just pay it. What do you think?

      Comment

        #4
        in chapt 7 no asset cases most states say that if you forgot then its still included.

        this is because even if you listed them they still would not been able to get anything anyway. and even if they were to be listed then they might not have objected.

        if they are sending you a bill then send them a copy of the discharge. no comments on it at all except that you were discharged.

        did they close the account? unsually amex runs checks and pulls your status and would have caught that.
        Im not an attorney or a trustee. You cant trust me either though!

        [x] - Done with 341? Join the 60 Day Club! ___________[x] - Im Discharged! Whoo Hooo!
        [x] - Poll: Should I File Pro-Se ____________________[x] - New BK Law: Median Income, Means Testing and Presumptive Abuse
        [x] - Zombie Debt Collectors Dig Up Your Old Mistakes _-[x] - Bankruptcy Law Resource
        [x] - Need A Fast Answer? Available 24/7!--__________[x] - Dont Be A Hero On Your Budget - You Wont Get An Award!

        Comment

          #5
          if the charges were small then there is very little they will do about it. it takes money for them to get the money. they play it like a game.

          would you go after a $500 bill if it cost you a leg to get it?
          Im not an attorney or a trustee. You cant trust me either though!

          [x] - Done with 341? Join the 60 Day Club! ___________[x] - Im Discharged! Whoo Hooo!
          [x] - Poll: Should I File Pro-Se ____________________[x] - New BK Law: Median Income, Means Testing and Presumptive Abuse
          [x] - Zombie Debt Collectors Dig Up Your Old Mistakes _-[x] - Bankruptcy Law Resource
          [x] - Need A Fast Answer? Available 24/7!--__________[x] - Dont Be A Hero On Your Budget - You Wont Get An Award!

          Comment

            #6
            Good points...

            Originally posted by bkfiler
            if the charges were small then there is very little they will do about it. it takes money for them to get the money. they play it like a game.

            would you go after a $500 bill if it cost you a leg to get it?
            Most of my information is from personal experience or HOURS and HOURS of online research. When you're searching online, keep in mind there is no guarantee that the info is completely up to date, and your situation is unique from anyone else's. Do your homework, and consult with an attorney so you can make an informed decision.

            Comment

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