Bank in discharged chpt 7 kept tax refund...can they?

[dork]

I havent heard back from my lawyer yet. My chapter 7 was discharged in december, including a $1200 overdraft bank account. I had been overdrawn for a time before filing, and had received letters that the account was closed for being overdraft for too long.

I had the displeasure of getting a statement in the mail today. Apparently the accountant didnt update my acct info on a state tax refund, and the direct deposit went to the old bank. The statement i received today shows the pre-bk balance less the tax refund.

I didnt have any kind of luck getting ahold of the collections department of the bank before they closed...and the csr says they are the only ones who can review my account. They were clueless when i mentioned the bankruptcy discharge.

Any advice on how i can get this money back?

[keepmine]

My thought is, they'll say you voluntarily made a payment and nothing in the bk code prevents them from accepting a payment under those circumstances.
Hopefully your lawyer has a better idea.