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    American Express

    I've been muddling my way through this bankruptcy thing, getting some money saved up to pay for a lawyer but have encountered a little problem (maybe a big one...I dunno)

    I have/had an American Express Small Business Card that has about $13,000 on it, down from about $28,000. The car was used mainly for business purposes, but did have some personal items on it. I am no longer affiliated with the business, I gave it back to the original owner after deciding I was not capable of running it effectively. According to the agreement to return the business, I was responsible for all existing debt.

    Now here's the problem, I plan on filing Chap 7 but the Collection guys are calling me AND the business relentlessly. I asked them to stop calling the business and to only call me, but they said since it's a business card they'll call whoever they have to to get the money. In talking to the collection company tonight, he told me to call him by Friday or they are going to begin the process of retaining a local attorney. I can't afford to file bankruptcy right now, I've only got about $100 to my name.

    What are my options here??

    Also, secondary question...If American Express threatens to "take back" some of the items purchased, if those items fall under the exemptions in Chap 7, are those items safe, or can they still take them?

    #2
    Your options are pretty simple. If all you have is $100, you need to start generating some income. The debts are the least of your problems right now.
    For $13K, it's likely no bluff that you and your former business will both get sued. Remember to include the business as one of your creditors when you file bk.
    Amex does not want used consumer products. They want money.
    I'd suggest you focus on raising your income right now and deal with the bk later.

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      #3
      My wife has a home daycare, so we can "pay the bills", but I don't have the kind of disposable income that AMEX wants.

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        #4
        You need to find a few hundred and find a good bk attorney. Once you do this, pay them, say $300 to retain them and then refer all collectors to the attorney. Once you retain one, you can send the creditors that way and they should not be calling you much anymore.

        But you do need to save up enough to file......
        Filed Business Chapter 7: 7/11/07
        341 Meeting: 8/8/07 Asset Case
        US Trustee reviewed case/resolved 9/14/07
        Discharged: 10/11/07 Closed: 11/2/08

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          #5
          Originally posted by allavdj View Post
          My wife has a home daycare, so we can "pay the bills", but I don't have the kind of disposable income that AMEX wants.

          Making enough to pay the bills isn't helping your situation. You need to go about finding a job or getting a better job. You can't go through life just breaking even.
          One source of income is to stop paying on all debts that will be discharged in bk and use those funds to pay a lawyer.

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            #6
            Amex is not different than any other credititor. It is a large amount of money so they may be a little more agressive, but who knows...it still takes time to get a judgmement and you WILL know that it is happening. Just pay attention to your mail. Stop answering your phone, START saving your money for an attorney so that you can file if you do get sued. You should be fine, they have no other recourse than any other creditor.
            Chapter 7 Pro Se....Discharged Feb. 2006

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