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Overpayment refund on claim during 13

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    Overpayment refund on claim during 13

    I've been in a in a Chapter 13 since November 2007. Was an adjustment in the beginning but like others have said already - a properly written plan makes things much better. Being able to pay your bills and live within a budget.

    However, one of my debtors being paid within the plan was a secured claim for about $55. I received a refund check from that creditor today in the amount of $4.42

    It's such a low amount, should I notify my attorney? I have no problem returning it or just not cashing it.

    I will send my attorney an email Monday (his assistants are good at returning email fortunately) asking their advice - but just wanted to see what anyone else things about this.

    Here's how the claim is listed on 13datacenter

    Claim Amount $50.01
    Scheduled Amount $243.00
    Monthly Payment $0.00
    Value of Collateral $0.00
    Principal Paid $50.01
    Principal Owed $0.00
    Principal Due $0.00
    Interest Rate 8.25%
    Interest Paid $4.42
    Interest Due $0.00
    Trustee Percentage 6.5%

    Any ideas why the scheduled amount is so much higher? I'm several months into payments that are being distributed to creditors - they are the only secured claim and haven't received a payment since their initial payment of $54.43 which is the claim amount plus the interest paid amount

    Thanks.

    #2
    I had two similiar deals like that and my attorney advised me to send it to the Trustee. One was for $5.00 and the other was $162. I had to write a not explaining where the money came from since the Chapter 13 Office in my district is understaffed. They just added it to the amount that went to unsecured. My attorney told me that I could go either way but it would be a lot safer and smarter to just send those checks back to the Trustee. Check with your attorney as the customs for each District vary.

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