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Received refund for overpaid CC not IIB after discharge.

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    Received refund for overpaid CC not IIB after discharge.

    This is nuts. About 10 months ago, we paid off a credit card and somehow also included it a balance transfer. We were so far in debt and our finances were so out of control that we didn't even notice we paid the same amount twice, about $3,000. We didn't list the account in our Chapter 7 paperwork because we thought it was a zero balance, not a negative balance. Our case is discharged but not closed. I'm guessing our attorney is going to verbally tell us the check is ours to keep, but naturally I'm worried that it should have been (or should now be) property of the BK estate. Am I being totally paranoid? What do you think?

    #2
    I think I would hang onto the money until you talk to your lawyer. and they sent you cast back? Did they close your account? How long since you were discharged?
    Chapter 7 07/30/2008
    341 09/17/2008
    Discharge 11/21/2008

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      #3
      Hang on to it until your case is actually closed.

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        #4
        You would have no reason to declare that CC on your forms if it was not a debt. You made no mistake nor were you dishonest. At this time, how far off before closed? If you get the check in hand, as others stated, do not cash or deposit it. Then you may have a problem. I would go so far as to have a friend cash it for you and put it through his account to clear. I don’t think this would be wrong to do and it is only prudent to not all of a sudden get 3K into your account after you bk’ed. ‘Hub
        If I knew it all, would I be here?? Hang in there = Retained attorney 8-06, Filed 12-28-07, Discharge 8-13-08, Finally CLOSED 11-3-09, 3-31-10 AP Dismissed, Informed by incompetent lawyer of CLOSED status, October 14, 2010.

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          #5
          Originally posted by TEW View Post
          I think I would hang onto the money until you talk to your lawyer. and they sent you cast back? Did they close your account? How long since you were discharged?
          They sent a check and I was sure it was some kind of evil trap. There was no fine print anywhere, just the words "refund for overpayment 12/2007 on account #XXXX." I called to check on it and yes, that was exactly the amount of our last payment from a year ago. I would assume the account is closed, but can't verify that through the automated system.

          It's been about three months since discharge but our case is still open since creditor claims have yet to be paid.

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            #6
            I guess it's like an asset we didn't know we had. If we were aware of it, we would have listed it as money owed to us. We had no idea we would be getting a refund for an overpayment, so I know we didn't do anything wrong (other than being idiots). No idea how much longer it will be until the case is closed since that depends on the trustee paying claims.

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