Suing creditor for "double-dipping"?

[ezdriver]

---

@House1204 wrote:

---

@ezdriver wrote:

---

@House1204 wrote:

The trustee may disburse the funds to your other creditors or he may send the overpayment back to you. No use letting the credit union have your money when they are not entitled to it. Too many people just let things go. 

---

Just curious...have you been through a bankruptcy?

---

Yes. Chapter 13. I was refunded an overpayment. I paid over $1500 a month for 60 months. Overpaid and got a check from the trustee. I still had unsecured debt remaining. All secured debt was paid. If the op paid the credit union twice he should get the money back. Not all trustees are out to take your every last dime. If he gets the money back great. If the trustee disburses it to other creditors that is fine too. The op just should not let the credit union keep the money. If the op had $10,000 in the credit union and withdraws $5000 but the teller makes a mistake and give him $10,000 you can best believe the credit union would get that money back. So why should the op let the credit union keep the overpayment?

---

OK... maybe ch13 is vastly different than ch7. Afterall, ch13 is a reorg/repayment plan process while ch7 just discharges all the debt left after trustee's disbursement. That said, I still don't think this is an overpayment per your definition as the OP stated that the credit union had TWO different collections ... not one. Also, it takes money [legal fees] to pursue any effort to get the trustee to reconsider anything after the file is closed...unless fraud is alleged. I therefore stand by my recommendation to the OP to just let it go.

[Anonymous]

The case hasn't been closed yet, we just made the 60th payment June 1st. So, maybe there's still hope that it will be caught during audit. We originally had a 100% plan, but with the CU filing a late claim for the excluded vehicle it has left us with a slight balance ($1,400).  Ideally, if the CU returns the money to the trustee then after he pays the $1,400 left on the unsecured debt we should have a $3,400 overpayment. My lawyer seem to only want to sue. I told him I didn't really want to go that route. That didn't seem to make him happy, he said he would do some digging and give me a call the next day....he never called. I'm not sure what else I can do without his help.