HELP! Freaking out!!!

[kara982000]

Well, I just filed for bankruptcy and I have a date set for the
22nd of Feb. I had one credit card that I did not list in the bankruptcy that has a balance. Initially it did not have a balance when I first filled out the paperwork but as of today it does. I contacted my lawyer to tell him that I did not list the card because I intend to pay it off in the next couple of weeks because the balance is low. I used it for xmas and groceries and some bills. I am told that this could be perjury even though I wasn't trying to trick anyone, I just wanted to pay it off on my own and keep it out of the bankruptcy. I'm really nervous to hear what my lawyer has to say, will I be in trouble for this?

Any advice would be great. How easy is it for trustees to find out about stuff that isn't listed?

[keepmine]

You are supposed to list all debts when you file. If you ran this up post filing, the debt won't be dischargeable anyway.
Thing to do is quit using credit cards period until your bk is over. As long as you don't pay over $600 to any one creditor,there won't be a perference issue. If the balance is really low, go ahead and pay them. It's a non issue.
Your bigger problem is, being unable to support yourself even after filing bk. Don't try and rely on credit. Once the card with a balance does a periodical account review and sees the bk, they'll likely close the account anyway.

[kara982000]

The balance is at $670 right now. I ran it up after I initially filled out the paperwork but before I filed entirely. I can't use it anymore because it was cancelled after I filed. I know that I can't use it anymore and I didn't intend to but I'm wondering what my lawyer will say? I've read several posts on here where people have stated that they just didn't show up for court and their case was dismissed and I'm so freaked out that I'm actually considering doing that! Will they actually dismiss it?

[HHM]

Whatever you do...follow through with your BK.

I am hard pressed to think of ANY member that did not show up to their 341 meeting. The members that "did not show up to court" were on other issues for which they did not have to show up. But everyone, to my knowledge, showed up for their 341 and you should too.

In the grand scheme of things, this is just a hick-up in your BK and will probably amount to nothing. You used a credit card after filing BK, simply pay it off when you get the bill, and that will be the end of it.

The trustee can only ding you for things you did "BEFORE" your Bk. This situation by no means jeopardizes your BK.

[FreshLikeADaisy]

I ran it up after I initially filled out the paperwork but before I filed entirely....

If you ran it up prior to your actual filing date (the day that your attorney filed your petition with the court and received your case number, 341 date, etc) then yes, it can be discharged, and yes, you should have listed it. If I read this wrong and you actually ran it up AFTER your filing date, then no, it is not dischargeable, and since it had a $0 bal at the time of filing it is irrelevant whether you listed it or not. To try to correct your filing PRIOR to the 341 is absolutely the right thing to do, it's why they allow changes to your filing, and your atty will know exactly what to do. It's only perjury if you allow the "lie" to stand unchanged so that you can deceive, which is not what you are doing at all. Be led by your atty in this, and forget all this perjury stuff. And YES, go to your 341!!!!

The advice you received above is really good! Especially the part about no CC use until after bankruptcy, and honestly... rethink it even then, even if you do have that option available to you.

[keepmine]

The balance is at $670 right now. I ran it up after I initially filled out the paperwork but before I filed entirely. I can't use it anymore because it was cancelled after I filed. I know that I can't use it anymore and I didn't intend to but I'm wondering what my lawyer will say? I've read several posts on here where people have stated that they just didn't show up for court and their case was dismissed and I'm so freaked out that I'm actually considering doing that! Will they actually dismiss it?

Your lawyer works for you and is supposed to represent your best interest. Since, you did this prior to filing, the thing to do is amend the petition and include it. No big deal.

[phoenyx]

I'd suggest following previous advice given, like trying to file an amended petition through your attorney. I'm not an attorney and I would recommend following up again with your attorney, including anything I say.

As for the 341, like others have said, don't skip it! Each state has different laws on what happens if someone misses their 341, but they generally have very little tolerance for it. Many states dismiss the bankruptcy, although a few reschedule it. It's nor worth putting your financial life on hold longer for this.

One other thing I wanted to mention is that I've read about creditors being able to block a discharge of debt over $600, if they can prove that you knew you were insolvant, going to be filing bankruptcy on the debt, or knew you weren't going to pay it. Since you made the charges after you filled out the petition, they might have an easy time making this case. Although $600 is sort of small, I'm not sure if they would bother or not. I'm just saying this because even though the debt was before your filing date, you might not be able to have it discharged.

But I think (again ask your attorney) that if you list it on your amended petition, I think it's up to them to fight the discharge. It might slide by without being disputed.

[phoenyx]

I was reading through the Instructions For Completing Official Form 1, Voluntary Petition</a>, for my own case today, and ran across a passage that might put you at some ease. On Page 4 it states:

A debtor has a right to amend a voluntary petition as a matter of course at any time before the case is closed. Fe. R. Bankr. P. 1009(a). Bankruptcy Rule 1009(a) requires the debtor to give notice of any amendment to the trustee and to any entity affected by the amendment.

This passage, to me (again I'm not a lawyer), clearly indicates that you can amend your petition any time before the 341 at least. This passage actually suprises me, because by the way it's written, I interpret it to mean that you could amend your petition after the discharge is issued, if the case remains open before you amnd. No idea if that's what's intended by this passage, or if that's how it works though. But, before your 341, I don't think you would have any problems with amending.

[FreshLikeADaisy]

Phoenyx, yes, you can amend your petition at anytime prior to closing, and even petition to have your case *reopened* later on, if necessary. This happens sometimes when a creditor comes out of the woodwork to say they weren't notified; depending on the circumstances reopening the case and adding the creditor is sufficient to deal with, particularly in a no-asset Ch7. As for giving notice, that happens when you file the amendment with the court, it's just the way the law is written.