Home loan suspense account refund post filing / pre 341

[WhatHappened]

I recently filed my Chapter 7 (no asset) and my 341 won't occur for another month. Today in the mail I received a refund check for something I didn't realize I had. Apparently there was money in a suspense account from my mortgage (which I am not re-affirming) in which the bank says it cannot apply to my mortgage because it is not a full payment.

Apparently they have held this money in suspense since September of 2009, which is the last time I gave them money as part of my original forbearance program. Along with the check, they want me to call them to assist me in "resolving this delinquency". My filing has only been a little over a week, but bankruptcy notices have been sent to all my creditors (I received my notice and all collection calls suddenly stopped).

What the heck do I do with this check? Will the trustee want the money? Surely I could use the money (heck, what person filing bankruptcy doesn't need money), but should I even deposit it? Does anyone have any experience with refunds of this nature? Will I need to file an amendment before my 341?

I left a message with my attorney, but I likely won't hear back probably until Monday at the earliest. Any help is greatly appreciated.

[IHateToBeEmo]

I don't have any experience with refunds of this nature, but hopefully your attorney will tell you that since you received the check after you filed bankruptcy, you can cash it and spend it. Let us know what you find out Monday!

[WhatHappened]

Amazingly, my attorney called me today and will file an amendment to my petition and would exempt it. Basically, I was told to deposit the check and not worry about it. I truly didn't anticipate I was going to receive it, and since I was a gazillion dollars behind in my mortgage (a slight exaggeration, but it sure feels like it), I assumed anything I paid them was long gone.

Since I am broke (who isn't?) and needed to come up with money to pay bills and get some clothes for my kids, it will be put to good use.