Have You Ever Heard Of Such A Thing???

[MajorMike]

Ok, guys, now this has me perplexed beyond belief!!!
I just got a letter from Capitol One. It says:

My name
My Address


My name again
Re: My name again
Capitol One Bank (USA) NA Credit Card Account No. 5178******************87

Capitol One Bank ( USA) NA recently conducted a review of your Capital One Bank (USA) NA credit card account. Our records indicate that you filed for bankruptcy protection under Title 11 of the United States Code on 10/3/2007. ( First of all I filed a 13 and second, it was on 10/1/2007. )
After such date, you continued to make payments on your Capitol One account. In approximately two to three weeks, you will receive a check in the amount of $1,720.49, which constitutes a refund of the full amount of payments Capital One Bank (USA) NA received from you on Capital One Bank ( USA) NA credit card Account No. ( account no ) since the date of your bankruptcy filing.

If you have any questions, please call...1-800-258-9319

Sincerely,
Capitol One


Why are they sending me this?????
Do I just send it to the trustee then? This is definitely NOT my money!!!

[magyar123]

Once you get it put it into a new savings account, and don't touch it. If they ever realize that they mistakenly sent you the money and demand it back you'll have it.

[biotechsolution]

Title 11 is more or less the section that Bankruptcy is under is US code. Doesn't matter what chapter you filed it's all under 'Title' 11.

[epiphany]

Dunno...speculating here but sounds like Cap One doesn't want to get slammed for trying to collect after your filing. Did you pay them before or after you filed? Did your payment clear before or after you filed?

I agree that you shouldn't touch it until you know what is going on. Weird but at least you're disputing a benefit rather than a detriment.

Can't wait to see how this pans out.
ep

[rrockinggramma]

LOLOLOLOL right. Capital One would take your money if they could. LOLOL I filed a chapter 7 in 2001. Filed on Capital One. Discharged. Filed chapter 13 in August 2005 and lo and behold, Capital one filed a claim and they have been getting PAID in my chapter 13 on a discharged debt. When I was disputing my credit report is when I realized what they had done. I wish they would send me a refund. LOLOLOLOL

[CindyLou]

did you pay them this amount after you filed??

yea that's a weird letter. I would call the number and simply request a copy of a statment of your current acct and ask them why you are getting a refund.

The will probably eventually catch the mistake....

[MajorMike]

Cindy. I don't think I paid them. I can't remember. I know it wasnt 1700. I only had a $300 credit limit on that particular card. I will call them today and find out. I dont want it to be because the trustee found a preferential payment, and they didn't want to get into trouble. It definitely is not mine, either way. I should NOT get a refund.
I'll let you all know when I get an answer from them.
At the bottom of the letter, it said THIS IS NOT AN ATTEMPT TO COLLECT A DEBT AND IS NOT IN VIOLATION OF BANKRUPTCY CODE. THIS IS FOR INFORMATION ONLY.
Funny thing is, the letter is dated April 10th and I just got it yesterday ( 2 weeks later )
Wonder when the check will come......
Going to Vegas in a month...and would of come in handy! LOLOL

[CindyLou]

did you call them today?

[newbie2]

Mike, you're in a Chapter 13 and have enough money to go to Vegas????

Something is very wrong with this picture in that ALL cases/norms/customs are not the same when bankruptcy is a Federal court filing.

Hard to believe that there are areas of the country where the rule of "all disposable income paid into the plan" is not enforced.

[qwertysue]

Mike, you're in a Chapter 13 and have enough money to go to Vegas????

Something is very wrong with this picture in that ALL cases/norms/customs are not the same when bankruptcy is a Federal court filing.

Hard to believe that there are areas of the country where the rule of "all disposable income paid into the plan" is not enforced.

Please don't get me wrong, I am NOT defending MM (I also thought "hrmmm" when I read MM's Vegas comment)

You will also see what appears to be discreprencies within the same district and IMHO most of it has to do with legal representation. An excellent BK attorney will know just how far they can go in creating a "realistic" budget. A budget that takes advantage of local norms vs. IRS standards can make a HUGE difference in financial breathing room.

.

[holding on]

Discrepancies is right! When I read MM say he was going to vegas I immediately thought of another poster who posted how she was told in no uncertain terms to not go into a casino. I know there were other circumstances with her case, but it just highlights differences.

I too said 'hmmmmm', but it was more like 'hmmmmmmm I hope MY lawyer gets me as much wiggle room as his!'

[MajorMike]

Going to Vegas doesn't mean I'm going to gamble! I have family out there and I'm staying for free, so before you go judging me...please understand that just because I am in a 13, does NOT mean I go without living my life and having fun. I do extra things online as I've said in many other posts to earn money ( taking surveys, doing focus groups, etc. ) and I have saved over $500 with my survey checks and mystery shopping to pay for our trip.
Anything is possible if you put your mind to it. Chapter 13 is NOT prison....!!!

[MajorMike]

Mike, you're in a Chapter 13 and have enough money to go to Vegas????

Something is very wrong with this picture in that ALL cases/norms/customs are not the same when bankruptcy is a Federal court filing.

Hard to believe that there are areas of the country where the rule of "all disposable income paid into the plan" is not enforced.

It's not that it isn't enforced but I have an attorney that knows just what the trustee will and will not allow giving us wiggle room. Besides see post below as I make extra on the side etc....
Our trustee is VERY lenient, and yes it is different EVERYWHERE.

[MajorMike]

did you call them today?

yes, Cindy and they said all they know is I'm getting a check because I paid on it after filing. They said they can't tell me anything more about it, but I should be getting it soon and I am entitled to it. I argued with her saying NO I DON'T. This is YOUR money of which I used the card to charge on. I do NOT want to cash a check and then later get in trouble for acknowleging that I charged on these things and it ends up being fraud. No way!!! She said...what you do with the check is up to you. As far as we're concerned, this matter is closed. I'm calling my attorney when I get it and ask him what I should do. I'm sure it'll go into the BK. ( At least I hope )

[imbroke2]

I agree with putting the check into the bank, just in case. You never know what could happen after the fact.
As far as going to Vegas, I agree with you. I had to go to CA for my brother-in-law's funeral. I stayed with my sister and payed for very few things.
We're also planning on going to the beach this year for a few days with the kids. I think it all depends on the lawyer and/or trustee. Sure, we have to watch our spending, but I feel less-much less-stressed than I did before. We were even told by the person who ran our exit counseling (which we took already) that even the trustee doesn't expect us to stop living our lives. We can order a pizza, get some movies, even take a trip if it has been planned ahead of time. We have a little savings and I plan on using some of that.
I think some of the trustees just want more money to come to them, so if people put every penny into the plan, that's more into the trustee's pocket.