Amending to include cell carrier 2 weeks before discharge?

[StressedMom]

I am due to discharge (Chapter 7) in 2 more weeks, and am having some major issues with my cell carrier. My contract was signed prior to my filing, so would it be possible for me to amend my filing to include them? Would this make it so I'm not on the hook for termination fees, or do those need happen prior to filing? And if I can amend and do this, will it push my discharge date back or cause another court date?

I will be asking my attorney later today, but he's very slow in responding so I thought I'd see what you nice folks have experienced.

Thank you.

[NoMoreCards]

I am under the impression that the debt can only be included if it was incurred BEFORE filing date. So since your contract was not canceled prior to filing date, I don't think it can be included.

Of course go with what your attorney says and please let us know.

[catleg]

The cell phone contract would be voided if included in the filing, so there would not be any ETF, just any past due charges. The question is, is it worth the costs to do this?

[AngelinaCatHub]

Interesting question. IMO I would say yes you can amend and include them. The charges incurred after your filing would not be discharged. You may or must in any case, get a print out of the balance prior to your filing, put that down on you form, STOP USING the service now, and make payment from filing date to current. Make sure you put upon the check or money order the date of these charges.

About whether it costs you more time, I could not answer that. Your lawyer, Judge, Trustee could do better with that answer. 'Hub

[catleg]

I'm not sure I'd even mess with amending the BK filing. I'd be tempted to just call the carrier and say, why are you still billing me, didn't you get notice of my bankruptcy filing?

If I'm the carrier, I'm thinking, do I pursue this, and risk a BK judge having a bad day at my expense, or just close the account, stop service, and write it off. Especially if there is minimal usage.

Thoughts?

[AngelinaCatHub]

I'm not sure I'd even mess with amending the BK filing. I'd be tempted to just call the carrier and say, why are you still billing me, didn't you get notice of my bankruptcy filing?

If I'm the carrier, I'm thinking, do I pursue this, and risk a BK judge having a bad day at my expense, or just close the account, stop service, and write it off. Especially if there is minimal usage.

Thoughts?

Greetings CL: I agree. I got a collection threat from a $600 bill on the old land line. I did not think to include them. I did not include them. I simply returned the copy of my bk discharge with their demand letter and never hear from them again.

In my opinion the OP could use Boost money of front phone. That is only my opinion but when one is bk they need not have a cell costing them blood from vein. Boost works well, quits when run out. NO BILL. 'Hub

[NoMoreCards]

I was under the impression that the OP has not yet cancelled her contract with the carrier.

I will be real interested to see what the attorney says regarding this. Because the termination fees are not charged until the contract is terminated, and that would be after filing day. So fees incured from filing date till now would not normally be dischargeable.

Of course this is a very interesting question. I hope the OP lets us know what the attorney said.

[StressedMom]

I have not yet canceled service with the provider, nor am I behind. I am current on my bill (and always have been). But I am now having issues with the provider and would prefer to get out of my contract if possible. I have four lines of service with this provider, so avoiding an $800 early termination fee is desirable. For me, it would not be worth it if it delays my discharge, as I am wanting to move on and make some other financial/life changes. I'll let you know what my attorney says.