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Ask WA Bankruptcy Lawyer Your Own Question

WA Bankruptcy Lawyer
WA Bankruptcy Lawyer, Attorney
Category: Bankruptcy Law
Satisfied Customers: 25
Experience:  30 years practice. Author of several articles.
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The court is using my attorney to collect what it says was ...

Customer Question

The court is using my attorney to collect what it says was an refund sent in error. i must give the amount back or there will be problem with my current case in bankruptcy. upon recieving the checks i made inquiry to the court and to my attorney to be sure that i am due this refund as it stated on the checks they both confirmed that i was due the refund and that i could use the money for my personal use.two months later comes my attorney stating that this was an error per the trustee of that old case.now they demand repayment by turning over my federal and state tax refund.stimulus refund also.I have been out of work for the passed year 2007 and am just recently employed.
Submitted: 6 years ago.
Category: Bankruptcy Law
Expert:  WA Bankruptcy Lawyer replied 6 years ago.
It is impossible to even guess at an answer without knowing what the refund was for, which case it was in, what case are you in now, and a host of other cases. Is your current attorney the one who represented you in the old case? If so, you need new and different counsel. If I have some of the above information, I may be able to say something more lucid.
Customer: replied 6 years ago.
refund for previous chapter 13 that lasted 4 years then i suffered a lack of income so the same attorney filed A CHAPTER 7. THEN I FOUND EMPLOYMENT THEN WE FILED FOR A NEW CHAPTER 13 HE SAID UNDER OHIO LAW BECAUSE I WAS UNDER THE OLD LAW I COULD DO THIS TO SAVE MY HOUSE.NOW THE COURT SENDS THE REFUND FROM THE FIRST CHAPTER 13,THEY CONFIRMED VERBALLY BY PHONE THE I AM INTITLED TO THE FUNDS THEY SENT.THEN I CALLED MY ATTORNEY TO CHECK WITH HIM AND HE SAID THE SAME THING THE COURT DID SO I SPENT IT.NOW TWO MONTHS LATER MY ATTORNEY CALLS ME AND INFORMS ME OF A ERROR.JUST HIS WORD NO DOCUMENTATION.HOW NOT HAVING A ATTORNEY HURT ME WITH MY CASE NOW ACCEPTING WEEKLY PAYMENTS IN MY NEW CHAPTER 13 AT IT NEW VENUE?
Expert:  WA Bankruptcy Lawyer replied 6 years ago.
I don't understand.the facts. What was the refund?
Customer: replied 6 years ago.
Reply to WA Bankruptcy Lawyer's Post: the court said that money from the old case that was not disbursed to creditors are returned to the debtor.after confirming refund that was sent to me my attorney contacted me to inform me that an error was made by the court.so i have been asked to repay the amount sent to me.
Expert:  WA Bankruptcy Lawyer replied 6 years ago.
The case was dismissed? right. If so, Why would you have to pay it back. If it was converted, there are questions about exemptions, etc. That is different.
I would look for a new lawyer and lay all the documents out in front of him. By documents I mean the plan, the orders and everything else. This a very fact specific question and without all of the paper it is impossible toeven guess at an answer.

ALso, I don't understand why it is not dischargeable in this case.
Customer: replied 6 years ago.
Reply to WA Bankruptcy Lawyer's Post: the case was closed and the trustee recused himself for conflict of interest saying i have now become a debtor to him.

my former employer made an error by putting my account number on another employee account. after i was no longer employed by them.both the court and my former employer sent the money intended for another person to me.
Expert:  WA Bankruptcy Lawyer replied 6 years ago.
That explains it. It took a bit to get here. The trustee is your creditor and they can file a claim in your bankruptcy. That should be the end of it. You need a new attorney if they look at it any other way. Yes, they have a claim. It is a dischargeable claim and they file it in your new bankruptcy.
WA Bankruptcy Lawyer, Attorney
Category: Bankruptcy Law
Satisfied Customers: 25
Experience: 30 years practice. Author of several articles.
WA Bankruptcy Lawyer and other Bankruptcy Law Specialists are ready to help you
Customer: replied 6 years ago.
please explain how to pay you.i thought that if i click the accept button that you would recieve your payment but now i find i am asked to make further input.is the site asking to confirm the amount or is ti asking for what?
Expert:  WA Bankruptcy Lawyer replied 6 years ago.
Got me. I got something saying that it was accepted and I am getting money. Perhaps they want a review of my answers? Positive - negative -etc. ? I don't know.

Customer: replied 6 years ago.
thanks
i sent for info from the support number got and answer everything is ok thank you.

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