If Iwas a claimant in a Chapter 13 bankruptcy case and my claim was disallowed but the trustee paid me $3021 in error, must I pay the trustee back?

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If Iwas a claimant in a Chapter 13 bankruptcy case and my claim was disallowed but the trustee paid me $3021 in error, must I pay the trustee back?

Asked on September 26, 2011 under Bankruptcy Law, Florida

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

Ifyou are a creditor and made a claim concerning a Chapter 13 bankruptcy of a debtor who owes you money but your claim was rejected by the bankruptcy trustee but you were seemingly paid $3,021.00 in error, you do need to return the $3,201.00 to the bankruptcy trustee.

Before you do so, you should first write the trustee about the $3,201.00 amount paid you in that it may not be a mistake. The reason is that possibly the debtor agreed to pay you a certain amount in this reorganization and if so, the amount paid may not have been in error even though your initial claim may have been rejected. Keep a copy of this letter for your records.

Good luck.


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