Automatic stay and personally guaranteed Sub-S debt?

[betterlife13]

We filed our personal Ch 7 towards the later part of May. Among the debts we listed is a personally guaranteed Amex credit card with a pretty substantial balance owed by my husband's (solely owned) Sub-S. It was a relief when the phone calls stopped after our creditors were notified of our filing, as they had gotten pretty relentless with their calls.

Today (approx 3 weeks after our filing), I received a call on my personal cell phone from Amex calling for my husband. I did not take the call when I saw it was coming from a toll free number, but they left a lengthy voice mail, saying how important it was that he call, giving a "case number," etc. Can they actually keep calling us and pursuing collection efforts after our personal filing? I felt sure that the stay applied to all our debts -- both personal debts and business debts with a personal guarantee, but maybe I have overlooked something?

Any advice? (I did save the voice mail message, and will save any other messages they leave.)

[despritfreya]

This is a corporate card. The corporation did not file bk. The creditor is free to attempt to collect from the corporation. Assuming that is what is happening, your husband is, presumably, the one a creditor of the corporation would call.

If the corporation is still "alive" and fails to pay its debts the creditor can sue it. If the corporation, for all intents and purposes, is "dead" who cares if it gets sued. There will be no way to collect.

Des.

[betterlife13]

This is a corporate card. The corporation did not file bk. The creditor is free to attempt to collect from the corporation. Assuming that is what is happening, your husband is, presumably, the one a creditor of the corporation would call.

If the corporation is still "alive" and fails to pay its debts the creditor can sue it. If the corporation, for all intents and purposes, is "dead" who cares if it gets sued. There will be no way to collect.

Des.

Thanks so much for the info, Des. The corporation is still alive because we thought that it was not a good thing to dissolve it until after we are discharged on our personal bk, at which time my husband might consider starting a new business. We received so much conflicting advice every time we met with an attorney regarding exactly how/when to dissolve the Sub-S and the timetable for starting a new business, we took the advice offered on the forums, which was wait until our discharge to both dissolve the Sub-S and to start a new business (which we are not even sure we are going to do). The Sub-S has some assets (an older vehicle and some old equipment), which we would want to purchase if my husband decides to continue in the same line of business. The issues with the business have been the most confusing thing - one would think that an experienced bankruptcy attorney would have dealt with this before, and could tell us precisely what to do -- and that the advice would be consistent, instead of different, vague advice at every turn.