Are my credit cards included in my Chapter 7 filing? 22 Answers as of July 02, 2013

I had file for bankruptcy chapter 7 and I went to the 341 meeting. I didn't include one of the credit cards on my filing but in my credit report appears as included and when I called the credit card, they told me I can pay them if I want to. Does this means that it was included or not?

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Steven Harrell, Attorney at Law | Waymon Steven Harrell
You need to get in contact with your attorney, and have the creditor added in on your amended schedules. That creditor must be added for your debt to be discharged with the others.
Answer Applies to: Georgia
Replied: 1/6/2012
Bird & VanDyke, Inc.
Bird & VanDyke, Inc. | David VanDyke
Probably. I would amend your Schedule F and add them to be sure.
Answer Applies to: California
Replied: 12/29/2011
J.M. Cook, P.A. | J.M. Cook
Whether you included the debt on the petition, it can be discharged if the company had actual notice of the bankruptcy. If you haven't received your discharge yet, it is a good time to amend your schedules to include all debts from before you filed.
Answer Applies to: North Carolina
Replied: 12/27/2011
Law Office of Lynnmarie A. Johnson
Law Office of Lynnmarie A. Johnson | Lynnmarie Johnson
If it says that it was discharged in the bankruptcy, then you should be all set. Of course they are going to tell you that you can them if YOU want to.
Answer Applies to: Michigan
Replied: 12/27/2011
Alfred Law Firm
Alfred Law Firm | Janice Alfred
If it was not included in your filing, it will not be discharged; and therefore, you will still be responsible for it after your bankruptcy discharge. You can simply amend the petition to include the debt prior to your case being discharged.
Answer Applies to: Georgia
Replied: 12/27/2011
    Dan Wilson Bankruptcy
    Dan Wilson Bankruptcy | Dan Wilson
    Why didn't you list the creditor in your BK schedules? When you signed your petition and verification of schedules you were stating under oath, at penalty of perjury, that the information was complete and accurate. You also stated the same thing under oath at the 341 hearing when questioned by the trustee. If your case has not yet closed you can amend Schedule F to include the omitted creditor. If your case was a no-asset case the debt is discharged even though you did not list the creditor. Why would you pay them? Creditors routinely get notice of Bankruptcy filings. I suspect your creditor regards your debt as discharged even though you failed to list it.
    Answer Applies to: Colorado
    Replied: 12/27/2011
    Lakelaw - Loop Bankruptcy
    Lakelaw - Loop Bankruptcy | David Leibowitz
    All debts, including all credit cards are "included" in bankruptcy. And almost all credit cards are terminated on filing bankruptcy - credit cards are ongoing agreements to lend money - in bankruptcy terms a "financial accommodation". The lender can cancel such financial accommodations on your filing bankruptcy and these days, do so almost universally. However, it might be possible to acquire secured credit in the form of a credit card after your bankruptcy, which for many people is a good way to start rebuilding credit. In general, I recommend use of debit cards by people after bankruptcy.
    Answer Applies to: Illinois
    Replied: 12/27/2011
    Heupel Law
    Heupel Law | Kevin Heupel
    All credit cards get discharged. You cannot pick and choose which cards you want to keep. Your credit card companies pull the bankruptcy filings every day, and if they see you filed, then they cancel all cards regardless if you listed them in your bankruptcy or not. As a result, I wouldn't pay the credit card. You would only be wasting your money.
    Answer Applies to: Colorado
    Replied: 12/27/2011
    Law Office of Susan G. Taylor
    Law Office of Susan G. Taylor | Susan G. Taylor
    In a "no-asset" chapter 7, if an unsecured, non-priority debt occurred before filing & is dischargeable, it IS dischargedwhether or not it was listed. Case law has developed on the theory the creditor was not harmed by lack of notice since there were no assets to distribute.
    Answer Applies to: Texas
    Replied: 12/27/2011
    Indianapolis Bankruptcy Law Office of Eric C. Lewis
    Indianapolis Bankruptcy Law Office of Eric C. Lewis | Eric Lewis
    All credit cards are included in bankruptcy.
    Answer Applies to: Indiana
    Replied: 12/27/2011
    AyerHoffman, LLP
    AyerHoffman, LLP | David C. Ayer
    Your obligation to pay on any unsecured debt with any creditor on notice of your Chapter 7 filing will be discharged. However, you should contact your bankruptcy attorney immediately about this omitted card so it may be properly added to your petition. This type of error is fairly common and should not cause any problem.
    Answer Applies to: Massachusetts
    Replied: 12/27/2011
    The Law Office of Darren Aronow, PC
    The Law Office of Darren Aronow, PC | Darren Aronow
    If your case has not been closed yet, then you should just amend your bankruptcy petition and serve all the proper parties so that you can just have that debt discharged along with the rest of the debt.
    Answer Applies to: New York
    Replied: 12/27/2011
    Uriarte & Wood, Attorneys at Law
    Uriarte & Wood, Attorneys at Law | Robert G. Uriarte
    If your case is a no asset it is discharged even if omitted.
    Answer Applies to: California
    Replied: 12/22/2011
    Bankruptcy Law Center
    Bankruptcy Law Center | Bill Zurinskas
    Amend Schedule F and add the omitted creditor.
    Answer Applies to: Colorado
    Replied: 12/22/2011
    Law offices of John P. Brooke | John Brooke
    If that credit card wasn't listed technically the debt isn't going to be discharged. If the case is still open you can amend schedule F and add that creditor.
    Answer Applies to: New York
    Replied: 12/22/2011
    Ashman Law Office
    Ashman Law Office | Glen Edward Ashman
    Call a lawyer. It sounds like you committed a felony. The omission of the debt is a crime. Not only can your case be dismissed but since you have committed perjury you can be jailed 5 years and be fined $250,000. When you file you HAD to list all your debts. Even worse, you have now bought a lie from the credit card company. They'll take your money but you will NOT end up with a usable credit card. See a lawyer right away to fix your mistakes. If you amend now, things probably will be okay. Keep committing perjury and you risk prison.
    Answer Applies to: Georgia
    Replied: 12/22/2011
    Diefer Law Group, P.C.
    Diefer Law Group, P.C. | Abel Fernandez
    It was included. You do not have to pay the debt.
    Answer Applies to: California
    Replied: 12/22/2011
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