QUESTION
Are my credit cards included in my Chapter 7 filing?
Asked on Dec 21st, 2011 on Bankruptcy - California
More details to this question:
I had file for bankruptcy chapter 7 and I went to the 341 meeting. I didn't include one of the credit cards on my filing but in my credit report appears as included and when I called the credit card, they told me I can pay them if I want to. Does this means that it was included or not?
10 ANSWERS
Business Bankruptcy Attorney serving Raleigh, NC
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J.M. Cook, P.A.
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Whether you included the debt on the petition, it can be discharged if the company had actual notice of the bankruptcy. If you haven't received your discharge yet, it is a good time to amend your schedules to include all debts from before you filed.
Answered on Dec 27th, 2011 at 2:07 PM
Family Law Attorney serving McDonough, GA
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South Atlanta Family Law
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If it was not included in your filing, it will not be discharged; and therefore, you will still be responsible for it after your bankruptcy discharge. You can simply amend the petition to include the debt prior to your case being discharged.
Answered on Dec 27th, 2011 at 2:01 PM
Daniel James Wilson
Why didn't you list the creditor in your BK schedules? When you signed your petition and verification of schedules you were stating under oath, at penalty of perjury, that the information was complete and accurate. You also stated the same thing under oath at the 341 hearing when questioned by the trustee. If your case has not yet closed you can amend Schedule F to include the omitted creditor. If your case was a no-asset case the debt is discharged even though you did not list the creditor. Why would you pay them? Creditors routinely get notice of Bankruptcy filings. I suspect your creditor regards your debt as discharged even though you failed to list it.
Answered on Dec 27th, 2011 at 1:26 PM
Bankruptcy Law Attorney serving Austin, TX
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Law Office of Susan G. Taylor
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In a "no-asset" chapter 7, if an unsecured, non-priority debt occurred before filing & is dischargeable, it IS dischargedwhether or not it was listed. Case law has developed on the theory the creditor was not harmed by lack of notice since there were no assets to distribute.
Answered on Dec 27th, 2011 at 12:24 PM
Your obligation to pay on any unsecured debt with any creditor on notice of your Chapter 7 filing will be discharged. However, you should contact your bankruptcy attorney immediately about this omitted card so it may be properly added to your petition. This type of error is fairly common and should not cause any problem.
Answered on Dec 27th, 2011 at 12:02 PM
All credit cards are included in bankruptcy.
Answered on Dec 27th, 2011 at 12:02 PM
Bankruptcy & Debt Attorney serving Longmont, CO
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William Edward Zurinskas
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Amend Schedule F and add the omitted creditor.
Answered on Dec 22nd, 2011 at 7:24 PM
Glen Edward Ashman
Call a lawyer. It sounds like you committed a felony. The omission of the debt is a crime. Not only can your case be dismissed but since you have committed perjury you can be jailed 5 years and be fined $250,000. When you file you HAD to list all your debts. Even worse, you have now bought a lie from the credit card company. They'll take your money but you will NOT end up with a usable credit card. See a lawyer right away to fix your mistakes. If you amend now, things probably will be okay. Keep committing perjury and you risk prison.
Answered on Dec 22nd, 2011 at 7:13 PM
judith runyon
You need to amend your bankruptcy schedules to include the creditor.
Answered on Dec 22nd, 2011 at 6:29 PM
Bankruptcy Attorney serving Concord, CA
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William Rubendall Attorney at Law
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All debts are included in your bankruptcy. If you omitted a debt you need to file an amended schedule to include it. Nothing in the bankruptcy code prevents you from making a voluntary payment for a discharged debt.
Answered on Dec 22nd, 2011 at 6:18 PM