American Express Corp Card (is it considered "IIB")?

[NewStart2012]

Hi all! Hope things are going well for you on this journey.

Question (not really sure even how I should pose this; so here's my attempt...hope it makes sense): we had a personal AMEX and Corp AMEX card which we tried to include in our, now, discharged BK7. However, as I understand it, the corp card can't really be IIB as it was in our business name and business identification number and not our personal ss. Does anyone know how this will affect us? Do we eventually need to pay off the business AMEX card (we stopped getting letters from their attorney when we filed for BK), or can we just move on & not do business in that S Corp name (we've already closed it out through our accountant with the Secretary of State)? I guess what I'm really trying to find out is - will this remaining debt ever come back to haunt us? Is there anyway to be "rid of it"? TIA for any info!

[Charlie777]

So you had a business Amex in the name of a now defunct Sub-S Corp? Was there a personal guarantee? Was the card included on your BK7 schedule?

I believe you can argue the BK discharged your personal guarantee so they can look to the Sub-S Corp only for payment. It would probably be an irrefutable argument if you listed it on your BK schedules.

[justbroke]

You do not even need to argue. Your personal liability was discharged in the Chapter 7 (period). However, the business still owes the money.

Will it come back? Absolutely, yes! Are you personally liable? Absolutely, no! I still have several junk debt buyers (JDBs) that call once in a while, trying to collect my business debt. I tell them that it was included in my bankruptcy and under my D/B/A names. They usually tell me that they can pursue the business, but they'll double check to make sure. I usually hear nothing from them for a few months and then they call again. (I kept the old business number.)

If you receive calls or letters, just call or write them and tell them that you were discharged and any attempt to collect the debt from you (personally) is a violation of the permanent discharge injunction. They tend to go away.