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Certified Check?

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    Certified Check?

    I mentioned several weeks ago on another thread that about 2 months ago I paid to settle a law suit. It was about $9800. I settled it and paid it via certified check in early June, but they didn't cash it until late July. I just saw it in my July bank statement. I plan on filing a ch13 in late Sept. Will the trustee look at the date it was in the bank or consider it paid in early June since it was a certified check. I probably should have used a banks check instead. I honestly wouldn't care if the trustee grabbed the money back from the idiots I paid, but I'd rather avoid this if possible. It would be a pref xfr if they based it on the July post date.

    I also read that the courts consider the payment was made when the check was certified and not when it was cashed. A regular check obviously is considered paid when it's posted to the bank account.

    Thanks in advance!

    #2
    In a chapter 13, the trustee is probably not going to care.

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      #3
      That's actually the same thing that one of the attys I consulted said. This ch13 thing really seems like it's heaven sent. I've been struggling for years trying get ahead and debt free and it was difficult. If I can struggle 3 more years and it's over I'll take it. I just wish I did this earlier this year.

      Thanks for the help HHM!!!

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