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    Advanta business card question

    First off this is my first post so I wanted to include a thankyou to all for the wonderful resource this site is.

    I have an Advanta question. My business is an LLC

    Recently I had a personal Ch 7 bankruptcy discharged with mostly personal creditors included but did have one "grey area" creditor that I had to list, an Advanta small business card that was in the business name but also guaranteed by me I imagine. Since filing I have recieved no correspondence or contact with them of any kind. At the time of filing I was current on the account but only about 35.00 of my 200.00 payment was being applied to my principal because they raised my % rate from 8 to 35 in 90 days although I had never been late or overlimit. Because of this I have not sent them anymore payments without a statement, not knowing if any of my payment would even be applied to my principal. My attorney's paralegal also told me that they would not advise that I send in any payment because it could be potentially be wasted money if it's discharged.

    My question is this, I know I have no personal liability for the <6000.00 card now but is it likely that they will try to now recover it from the business even though It has less than 1000.00 assets and is currently just treading water?

    I plan to ask my attorney the same ? next week but wanted some input from here as well. Thanks.

    #2
    Umm, you really haven't asked a question?

    In short, the business is still liable for the account and the creditor can take whatever legal recourse available to it to collect the debt against the LLC. However, because of your personal BK, you have no personal liability.

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      #3
      That's about what I figured, should I contact them to work something out? I don't plan to close the business. Are they obligated to contact me thru phone or mail before they can actually sue me? Has anyone here tried to negotiate with them lately? Thanks

      Edit..
      I should also mention that the debt already shows as charged off on my business' credit report, looks like they did so about a month after I filed.
      Last edited by josef; 10-08-2008, 07:38 PM.

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        #4
        Charge off has no legal significance vis-a-vis the businesses responsibility to pay, all it means is that advanta has accepted the debt as a loss for accounting purposes and has likely sold the debt or assigned it to a collection agency.

        I wouldn't bother contacting them, someone will eventually contact you.
        Last edited by HHM; 10-09-2008, 04:43 AM.

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          #5
          I am going to file chp 7 and have an Advanta business card for over 30k these people are very crazy to get their $$ if they can. Almost ANY business line of credit/card you get is guaranteed by you with your social security #. I have over 20 lines of credit with all the big banks and they will hopefully all be knocked out. If these people even thought they could get a dime out of you they would call like 20 times a day and send lots of letters, so no news is probably good news.
          "I'm old enough to know better, but too young to care"
          Filed Chapter 7 January 25th 2010
          341 Hearing March 4th 2010
          Discharged May 10th 2010

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            #6
            Our attorney believes that my hisband's business debt will be wiped away. We will wait and see. If not, the business will file for bk.

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