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Recover of funds from Debt Management Company

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    Recover of funds from Debt Management Company

    I'm not even sure where to post this, but I found it interesting and thought I'd get "ya'all's" take on it.

    My lawyer called and said to expect a letter to sign that amends my petition to try to recover funds we paid out to InCharge Debt Solutions for a year and a half before we filed bankruptcy (Ch.7). He said it's standard procedure that they make this attempt, but there are no promises that anything will be recovered. Have any of you had this experience? (There was no extra charge--just their standard operating procedure.)

    I got the letter today, and sure enough, it lists InCharge as an account receivable for over 12,000. (We had a TON of wildcard left to exempt, so no worries about it being an asset.)

    The company charged 35.00/mo and collected our 1404/mo payment for a year and a half and distributed a portion of it to each of our creditors. I'm assuming there will be nothing to recover, because I *think* all that we sent them (except the 35/mo fee) went to the creditors. I told my lawyer this, and he said that he understood, but it was their policy to at least make an attempt in this sort of situation.

    Thoughts? Experience with this?
    --------------------------------------------
    As you simplify your life, the laws of the universe will be simpler; solitude will not be solitude, poverty will not be poverty, nor weakness weakness. ~Henry David Thoreau

    #2
    I'm curious about this too- I did not know they routinely did this. We were with Freedom Debt Relief for a little over two years (one of the biggest mistakes ever, we should have just filed BK then!) and we paid them probably $5-6k just in fees, though we did get $1800 back when they canceled our contract which we could no longer pay due to my husband's unemployment. Guessing we will be getting a letter too after we file?

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      #3
      I would ask your lawyer about it. I've never heard of anyone doing this before, but my lawyer said it's something they do routinely. I don't know if it's something most lawyers do routinely, though....

      Maybe some others will chime in on their experiences???
      --------------------------------------------
      As you simplify your life, the laws of the universe will be simpler; solitude will not be solitude, poverty will not be poverty, nor weakness weakness. ~Henry David Thoreau

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        #4
        Our attorney never mentioned anything of the sort--not that this is anything unusual (HAH! )--but we had not used a debt settlement company before filing anyway.....
        "To go bravely forward is to invite a miracle."

        "Worry is the darkroom where negatives are formed."

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