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Filed now received an overdraft notice for a reversed provisional credit!

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    Filed now received an overdraft notice for a reversed provisional credit!

    Filed for Ch.7 5/11 and 341 scheduled for 6/24. Now received a notice from Wachovia stating a dispute credit we received was reversed. They want the money. Could this be added to the petition after it has been filed?

    I was told the trustee would ask me if I have any other debt under oath in the 341. This would be something not disclosed at time of filing because I was unaware that the investigation would not be in our favor.

    Please advise...any thoughts would help me!
    BK filed 05/11/2010
    341 06/24/2010
    Objection to Discharge 08/17/2010
    Discharge 08/27/2010

    #2
    When did the credit happen? If it was before you filed, I believe this would count as pre-petition debt. Best to speak to your attorney to find out for sure though.
    Get mortgage modified: DONE! 7 months of back interest payments amortized, payment reduced over $200/mo
    (In the 'planning' stage, to file ch. 13 if/when we have to.)

    Comment


      #3
      Originally posted by SMinGA View Post
      When did the credit happen? If it was before you filed, I believe this would count as pre-petition debt. Best to speak to your attorney to find out for sure though.

      If only my lawyer would call me back!!! I leave messages but nothing.

      Credits posted on 5/4 and BK was filed 5/11.

      Do I just disclose it at the 341?

      Most of my creditors are actually going to get paid back due to a personal injury suit that I just found out is closing earlier then anticipated.
      BK filed 05/11/2010
      341 06/24/2010
      Objection to Discharge 08/17/2010
      Discharge 08/27/2010

      Comment


        #4
        If the provisional credit was done pre-petition then the post-petition withdrawal of the credit should be dischargeable. In other words, you can just add the money you owe the bank to your Schedule F and be done.

        This does not need to be disclosed at the 341 Meeting as it has nothing to do with the Trustee.
        Chapter 7 (No Asset/Non-Consumer) Filed (Pro Se) 7/08 (converted from Chapter 13 - 2/10)
        Status: (Auto) Discharged and Closed! 5/10
        Visit My BKForum Blog: justbroke's Blog

        Any advice provided is not legal advice, but simply the musings of a fellow bankrupt.

        Comment


          #5
          Originally posted by justbroke View Post
          If the provisional credit was done pre-petition then the post-petition withdrawal of the credit should be dischargeable. In other words, you can just add the money you owe the bank to your Schedule F and be done.

          This does not need to be disclosed at the 341 Meeting as it has nothing to do with the Trustee.
          I guess my lawyer needs to do that. If I could only get him to return my calls prior to the 341 on 6/24.
          BK filed 05/11/2010
          341 06/24/2010
          Objection to Discharge 08/17/2010
          Discharge 08/27/2010

          Comment

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