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non-bk legal fees paid by credit card close to filing

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    non-bk legal fees paid by credit card close to filing

    I filed Chapter 7 (no asset where debts are primarily non-consumer debts, presumption of abuse does not arise, have a lawyer) two weeks ago and the 341 meeting scheduled in two weeks.

    Shortly before filing I made $3500 in charges on a particular credit card, $2500 of which were legal fees for a lawyer's retainer (unrelated to bankruptcy). I did not have sufficient funds to pay cash for the $2500 retainer, but needed the legal representation.

    I had intended to repay the $3500. Debt was not listed in the forms (which were prepared before the charges were made). However, today when I tried to log into the account, my account is "no longer viewable online". (The same message appeared at another creditor whom I did list, so I assume this indicates knowledge of the bankruptcy). I cannot recall how exactly I spent the other $1000, since I cannot log into my account.

    Questions: This creditor was not listed, but is apparently aware of the bankruptcy filing through some other means such as a credit report?

    Am I advised to take any action, or no action, regarding payment of this account? Do I need to make any statement of this to the Trustee? Amendment to my forms?
    Last edited by tulog; 01-27-2009, 09:10 PM.

    #2
    All debt is included in a chapter 7 no asset.
    the trustee is going to ask you if all of your creditors are listed on your petition and of course you are going to be honest
    Chapter 7 07/30/2008
    341 09/17/2008
    Discharge 11/21/2008

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      #3
      Also remember, there is a database of BK filers. The CC co's get notice of any filings immediatly and shut down access to your accounts. If you have not already received it, you will get a letter from the companies saying your accounts are closed, even if you had a zero balance. This letter closing the accounts is normal; although, on occassion, some people have said that they had a card manage to get through the process with a zero balance.
      Filed CH 7 9/30/2008
      Discharged Jan 5, 2009! Closed Jan 18, 2009

      I am not an attorney. None of my advice is legal advice in any way..

      Comment

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