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    Corporate AMEX

    My husband has a corporate AMEX card, he uses it for business and the company receives the bill directly and pays it. It is in the company's name with his name on it. Is this going to be affected when filing a chapter 7. He filed about 15 years ago alone, and about 1 or 2 years later his company got him one. So, he received one after he had a chapter 7 on his credit. Does this need to be disclosed on the petition?

    #2
    This really depends on whether it's a personal or company liability card. It reads as though it's a company responsibility card. I would double check. If he has no personal liability, then he doesn't list it, since it's not his card and not his debt.
    Chapter 7 (No Asset/Non-Consumer) Filed (Pro Se) 7/08 (converted from Chapter 13 - 2/10)
    Status: (Auto) Discharged and Closed! 5/10
    Visit My BKForum Blog: justbroke's Blog

    Any advice provided is not legal advice, but simply the musings of a fellow bankrupt.

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      #3
      It is a company liability! We have nothing to do with the account/bill etc.....He strictly uses it for business....He doesn't even get the bill to look over, he just submits the receipts for things travel/gas etc...that he used the card for.

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        #4
        Then he would not list it, since it isn't his debt.
        Chapter 7 (No Asset/Non-Consumer) Filed (Pro Se) 7/08 (converted from Chapter 13 - 2/10)
        Status: (Auto) Discharged and Closed! 5/10
        Visit My BKForum Blog: justbroke's Blog

        Any advice provided is not legal advice, but simply the musings of a fellow bankrupt.

        Comment


          #5
          I am in a similar situation... my employer has issued a corporate Amex to me, but I also have a personal Amex that I intend to include in my C-13 payment plan. I am concerned that Amex would see both cards and quickly close the corporate one.

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            #6
            We just filed ch7 and my husband also has a Corporate Amex in the companies name, with his name on it. He submitted the letter that he got from his company to our attorney, stating that this card is for work purposes ONLY and MUST be paid on time monthly, in full. The attorney said no problem, as this is a debt that is "ear marked" or something. Amex was definitely paid over $600 per month, and I was worried about them being considered a preferential creditor, but the attorney said not to worry. However, you SHOULD list it, especially if he's been paying the card out of his checking account that the trustee will have access to, and they will most def ask where that payment went. I'd say to disclose it, and be prepared to answer, but don't worry.

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              #7
              I have a corporate Amex thru work. It is their ultimate responsibility even though I get billed directly. It is for work expenses only.
              Only curious thing is, I've noticed that when I have a balance outstanding on this card, Amex does a soft pull on my credit report.
              And this soft pull disappears the next time they (Amex) do a soft pull.
              No balance, no soft pull.
              It's perplexing, particularly the disappearance of the soft pulls.
              filed chapter 13..confirmed...converted to chapter 7...DISCHARGED!

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                #8
                We don't receive ANY kind of bill or make any kind of payment, there are probably 15 other people on the account (all with different account numbers). We have never made a payment to them, actually as I said before never ever have even seen the bill. It goes directly to my husbands company, and they pay the bill! The card is in the companies name, my husband actually never even signed anything that he can remember when they got the card, I had also mentioned that DH has a past Chapter 7, and they issued the card with his name on it a couple of years AFTER this.....So, I am going to ask my attorney, but I am going to safely assume that it is a non-issue, it basically isn't even his card.

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                  #9
                  If your husband had to fill out and sign a form for his Corporate AMEX card giving his SS# and other information to obtain the card, and the card and all billings go to him for payment from submitting expense reports, then you have an issue. If the card is guaranteed by his employer and under his employer's name for the employees' use then he has no problem. His HR Dept. can easily clear that up for you.
                  _________________________________________
                  Filed 5 Year Chapter 13: April 2002
                  Early Buy-Out: April 2006
                  Discharge: August 2006

                  "A credit card is a snake in your pocket"

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                    #10
                    I do know that it is definately guaranteed from his employer, like I said, we don't receive a bill, make no payments etc....he never gave his ss#

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