Escrow Overage Question

[fallen]

I filed a Chapter 7 in January, had a 341 meeting in February. I have been designated an asset case and already turned over my tax refund. In mid March my mortgage company did an annual evaluation of my escrow account and determined they were taking out too much. They lowered my mortgage payment by $25.00 per month and sent me a check for $500 plus. I have not been discharged yet. The check arrived in late March, well after filing and the 341.

1. Is this overage refund recoverable by the trustee? I asked my lawyer but have not heard back as of yet. I'm beginning to regret even bringing it up as the lawyer wanted me to explain more and mentioned possibly asking the trustee if he wanted to "administer" this. I wrote back explaining exactly what I meant by overage and asked that it not be brought to the trustee unless it was definitely something that had to be disclosed. My mortgage company sent notice to the lawyer and it had a case number, so I'm thinking this may have been filed with the court anyway.

2. I'm way under the median in income and I can't imagine this extra $25 would raise any red flags as far as my disposable income, but figured I'd ask here anyway.

Thank you for your time.

[TEW]

its been 10 days after your 341 so i would use the money

[fallen]

It's actually been nearly 50 days since the 341 meeting. I didn't know this was coming until it arrived. Usually they evaluate it and I have to pay more into escrow for taxes, etc. My thinking is that it is okay to use this money (I can surely use it), but I don't want it to haunt me if I'm supposed to disclose it.

[TEW]

You didn't know about it before the 341 or when you filed.

[fallen]

I didn't know it was coming at filing or at the 341 meeting. It literally arrived in the mail one day around 2 weeks ago. My filing was in January and 341 in early February. I expect every year for them to re-evaluate my escrow (property taxes here are crazy), but usually I have to pay more into it.

I understand that if I win the lottery or something I have to disclose that. However, this is money I already paid into escrow and they are just giving it back. Chances are that next tax payment, I may have to put more into escrow. I'm sure the lawyer will get back to me at some point, but I've found a lot of knowledge here. Just trying to get an idea whether I need to worry about this at all.

[lrprn]

Since you filed Ch 7 and the money arrived after your 341, you don't have to worry about it. If you still have lingering doubts, then hold the $500 and spend it after your case is discharged and closed.