Amex - CC I didn't plan to include

[dma1010]

Hello all,
I have been reading about preferential treatment and I am worried about one credit card that I have been using prior to BK filing. I was going to keep one cc (AMEX), I didn't include in my list of cc because I planned on paying them. (This card I have to pay full monthly).
However, I included an AMEX(blue). When AMEX found out I have file, I couldn't pay them online anymore. My scheduled payment wasn't accepted too for the AMEX green.

I have been trying to call my atty to add AMEX green before my scheduled 341 meeting.
What is your experience with this?

Will my filing get dismissed due to preferential treatment or can I pay/re affirm AMEX green so I can proceed with Chapter 13?

Any ideas on my dilemma?
Thanks!
DMA

[LadyInTheRed]

You can't choose which debts to include in your filing. All are included. It is rare that any credit cards survive BK, even those without balances.

Stop trying to pay AmX. It's a waste of money.

Your filing won't get dismissed. If it is determined you made a preferential payment, the trustee would make AmX return the money for distribution to creditors. The worse that will happen is that Amex will object to the dischargeability of any charges you made within 90 days of filing (I think that's the period) on the theory that you made the charges knowing you were insolvement. If they are successful, you would still have to pay that debt. But, the account will most likely be closed anyway.

ETA: Amending your petition to add the Amex green is a simple thing. Did you not tell your attorney about the Amex green before? Is there anything else about your financial affairs you haven't told your attorney? If so, tell him now so there are no surprises at the 341.

[dma1010]

Thanks LadyinRed. I told my atty about the AMEX green when he asked if I paid over $600 on a certain CC and I said yes, AMEX green (you had to pay that in full per month). He mentioned this didn't count. I paid almost everything thru AMEX green (gas, groceries, bills etc). AMEX closed and won't accept payments when they found out I filed. So there I now owed them.
I didn't plan on filing up until I found out last Sept that when we found out that Chase billed us $100K deficiency on a short sale we did last year. It was an unplanned filing. I should have read this forum before filing. It would make me feel better that I am doing things correctly.