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    Credit card that was in the business

    We have 2 credit cards that were on the business name (we are guarantor since we are in LLC) that we did not include in the payment plan since I did not see them appeared on our credit history. A few days after we filed, I could no longer access the credit cards and they informed me that they were closed since we filed bankruptcy. They found out because my wife's personal credit card issued by the bank was the same bank that the 2 biz credit cards were on.

    The question is, since this will now be closed, and I assume that they will also file for payments, will this change the payment plan? Or will this be a basis for dismissal? I asked because we will have a 341 meeting 20 days from now.

    #2
    I would amend your plan to include all debt that you personally guarantee.
    3/2/09- Filed: chapter 7 / No asset
    4/1/09- 341 Hearing: 1 creditor showed up Got to love family feuds
    4/2/09- Trustee Report of No Distribution Filed
    6/24/09- Discharged and case closed

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      #3
      Originally posted by DebtEnder View Post
      I would amend your plan to include all debt that you personally guarantee.
      DebtEnder has it right.

      Call your lawyer and make sure he/she adds these overlooked creditors well before your 341 meeting. It costs $26 (I think) plus depending on your lawyer you may have to pay extra for his/her time to accomplish updating your creditor's list and refiling the amended plan with the court. Also it *might* push your confirmation a bit because these new creditors now have to be notified by the court about your filing and allowed time to file claims if they choose to do so.

      It's great that you caught this oversight now. Catching it after the 341 (or even worse, after confirmation), makes things more complicated.
      I am not a lawyer and this is not legal advice nor a statement of the law - only a lawyer can provide those.

      06/01/06 - Filed Ch 13
      06/28/06 - 341 Meeting
      07/18/06 - Confirmation Hearing - not confirmed, 3 objections
      10/05/06 - Hearing to resolve 2 trustee objections
      01/24/07 - Judge dismisses mortgage company objection
      09/27/07 - Confirmed at last!
      06/10/11 - Trustee confirms all payments made
      08/10/11 - DISCHARGED !

      10/02/11 - CASE CLOSED
      Countdown: 60 months paid, 0 months to go

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        #4
        Did you leave them off on purpose, or did you really forget that you owed them money? Curious minds just want to know.....
        All information contained in this post is for informational and amusement purposes only.
        Bankruptcy is a process, not an event.......

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          #5
          I had a buisness card that was in my buisness name and undersigned with my personal name. Lawyer said to include it in the filing, but it may not be covered. They may make claim on the buisness assets. So far they have made a claim under my name and all is good.
          Filed July 2009. Discharged 08/08/2014. Awaiting closing. We made it !!!! Woo-hoo!

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