Should I tell?

[aa06a47]

I just checked the 13 data center and it shows a payment made by me of $901.35. It shows credited on 8/13. I never made a 901.35 payment on 8/13. Should I write the trustee and ask?

I thought perhaps it was a refund of a preferential payment they claimed against Citi (but nothing on Pacer actually shows anything filed by the trustee for a preferential payment refund).

Should I just look at it as good luck or should I find out why? Anybody ever seen anything like this?

[lrprn]

aa, I completely understand the temptation to sit and wait, but I'm thinking the right thing to do here is to find out why the payment is there when you didn't make it. If your trustee's office credited another person's payment to your account by mistake, that person will totally freak out if their payment is missing. If another 13er had their Ch 13 dismissed because they couldn't make up a missing payment, I don't think I'd be able to forgive myself. And if it's just the preferential payment showing up (odd if there isn't even a request for it on PACER??), then you'll know that's what it is. My $0.02 anyway.

[Princesskina]

^^^OOOO I totally agree to think if it was u and ur ish gets dismissed because of a mistake wouldnt u be HURT and Stress....

But on the other hand the other persons case wouldnt get dismissed if its a mistake on there part.... they'll just have to look for the payment.

Hmmmm whatchu going to do?...

[Jman30]

aa, I completely understand the temptation to sit and wait, but I'm thinking the right thing to do here is to find out why the payment is there when you didn't make it. If your trustee's office credited another person's payment to your account by mistake, that person will totally freak out if their payment is missing. If another 13er had their Ch 13 dismissed because they couldn't make up a missing payment, I don't think I'd be able to forgive myself. And if it's just the preferential payment showing up (odd if there isn't even a request for it on PACER??), then you'll know that's what it is. My $0.02 anyway.

I couldn't agree more with this. After being in a Chapter 13 for 20 months, I sympathize with anyone who is alo going through this. It is hard enough to deal with the stress of the process, let alone have to deal with a potential problem like your payment being made to a wrong account!

I would call the Trustee today....you can even spin it as you are a good Samaritan....the Trustee or the Clerk may make a note in your file. The next time you need something, it may help you out!

[aa06a47]

I contacted my attorney today and was only able to talk to the assistant. She told me that they would contact the trustee and find out about it. She said it could be a payment returned from one of the cc companies that I had paid too much to in the 90 day period prior to bk. Kinda ironic, if it was from them, they are the only creditor who didn't file a claim.

At any rate, I have done what I consider the right thing...to report it. It was tempting to just let it stand and get done with the payment plan 3 months early. But I would hate for one of my payments get misapplied, so I would want them to do the same thing.

[lrprn]

I contacted my attorney today and was only able to talk to the assistant. She told me that they would contact the trustee and find out about it. She said it could be a payment returned from one of the cc companies that I had paid too much to in the 90 day period prior to bk. Kinda ironic, if it was from them, they are the only creditor who didn't file a claim.

At any rate, I have done what I consider the right thing...to report it. It was tempting to just let it stand and get done with the payment plan 3 months early. But I would hate for one of my payments get misapplied, so I would want them to do the same thing.

You did the right thing, aa - good for you! If it is a mis-applied payment from another 13er, they will be so happy and relieved that their payment has been found. And if it's from your creditor who didn't file a claim against you, well, then at least you'll know you were able to stick your finger in the eye of one more of your creditors - there's some small pleasure in that! Please let us know what the real story is with the extra $$ in your payment account when you find out...we are all curious now!

[bkdone]

I just checked the 13 data center and it shows a payment made by me of $901.35. It shows credited on 8/13. I never made a 901.35 payment on 8/13. Should I write the trustee and ask?

I thought perhaps it was a refund of a preferential payment they claimed against Citi (but nothing on Pacer actually shows anything filed by the trustee for a preferential payment refund).

Should I just look at it as good luck or should I find out why? Anybody ever seen anything like this?

The same thing happened to us. One credit was a duplicate but the Trustee quickly figured it out and took the payment back. The second posting was a refund from one of my creditors, which was applied toward the BK balance. I am betting its probably a refund from your CC company. But, at any rate, you did the right thing.

You gotta stay hyper vigilant, because sometimes the Trustee can make mistakes. My case was almost dismissed in February because they failed to post 2 of my payments! That scared me half to death, and that was what prompted me to look into the refinance to get out from under the court.

[aa06a47]

The same thing happened to us. One credit was a duplicate but the Trustee quickly figured it out and took the payment back. The second posting was a refund from one of my creditors, which was applied toward the BK balance. I am betting its probably a refund from your CC company. But, at any rate, you did the right thing.

You gotta stay hyper vigilant, because sometimes the Trustee can make mistakes. My case was almost dismissed in February because they failed to post 2 of my payments! That scared me half to death, and that was what prompted me to look into the refinance to get out from under the court.

bkdone, question on how the refund was shown from one of your creditors. The entry on 13network says "personal check" . I would think if it were a creditor refund it would show "creditor refund" or something like that.

[aa06a47]

Just an update, my attorney forwarded me a letter from the trustee stating the amount credited to my account was from a recovery from Citi. Shame, Citi payed my account 901.60 and then forgot to file a claim....

[Jman30]

Just an update, my attorney forwarded me a letter from the trustee stating the amount credited to my account was from a recovery from Citi. Shame, Citi payed my account 901.60 and then forgot to file a claim....

Don't you love that?

[lrprn]

Just an update, my attorney forwarded me a letter from the trustee stating the amount credited to my account was from a recovery from Citi. Shame, Citi payed my account 901.60 and then forgot to file a claim....

Sometimes the sun shines even in doom-and-gloom bk land! Enjoy the moment, aa - it isn't every day that David bests Goliath!