Bankruptcy & claiming your bank charges

wherediditallgo

I remember we discussed BRs making a claim some time ago, where the consensus was that while you're BR any money you get from claiming your bank charges would go to the OR. But what about when you're discharged? I've got my statements etc from my banks, but didn't push the claim because (a) there's going to be a ruling on it, & banks were holding off on making any more refunds until that happened, & (b) I was still BR at that time. However, now I'm discharged, where would I stand on making a claim - would I get to keep the money, or would it still have to go to the OR?

tigerfeet2006

I seem to remember that you can't reclaim your charges after BR or if you do then the proceeds go to the OR as the bank accounts now no longer belong to you.

I'm sure some one will correct me if I am wrong.

wherediditallgo

Yes, that what I thought too, while you're undischarged. But I've still got one of the accounts, & have been using it (with the OR's knowledge, as it was on my SOA). Now I'm discharged, I'm wondering if I can put in a claim & keep any resulting refund money. There's no point in putting in the work to claim it if I can't keep it.

fiveyearplan

I don't see why you couldn't claim as long as you didn't owe them money.

wok_boy

I would think it depends if the banks involved have decided to close your account. If not then once you are discharged I would have thought you would be able to keep the charges for yourself.

This is my own opinion, however I'd get some advice from your OR.

fermi

All the advice and decisions by different OR's where this has come up seem to agree. Without fail, the OR has taken the money.

For charges that were made prior to the BR order any sums reclaimed form part of your bankruptcy estate, and so can be claimed by the OR. It doesn't matter if you still have the account or not. Nor does your current discharged/undischarged status matter.

It's not just any reclaimed charges that form part of the estate, but the legal "right of action" with regards to the charges 'vests' in the estate and with the Trustee as well.

Charges incurred after the date of the BR order are a different matter.

wherediditallgo

Thanks, fermi. I think I'll work out roughly how much would be due, then send my OR an e-mail about it, so that he replies in writing. If he says I can claim & keep the money, I'll do it, but if he says the money will have to come to him, he can claim it himself.

fermi

wherediditallgo wrote: »

Thanks, fermi. I think I'll work out roughly how much would be due, then send my OR an e-mail about it, so that he replies in writing. If he says I can claim & keep the money, I'll do it, but if he says the money will have to come to him, he can claim it himself.

It's worth asking the question. Just to confirm/deny again.

So far precedent doesn't seem to be on your side, but you never know.;)

As always, if you don't ask......

NekoZombie

I would definitely have thought with an IPA in place that it would difficult to keep hold of any subsequent funds, as you're still obligated to notify your OR about changes in circumstance.

wherediditallgo

If I did get any money, I'd definitely tell the OR, which is why I'm trying to find out his stance before I put in the claim. I'm hoping that he might say it's a one-off lump sum of X amount, so he's going to let me keep it as I've been such a good girl.

Everyone duck now - low-flying pigs on the horizon.

NekoZombie

*laughs*

Well, we'll see what happens...