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    CKING340's Avatar
    CKING340 Posts: 1, Reputation: 1
    New Member
     
    #1

    Nov 27, 2007, 12:46 PM
    Insurance overpayment
    If an insurance company has paid in error and is requesting the money back can I file bankrupt on it if I don't have the money
    slowandeasy's Avatar
    slowandeasy Posts: 353, Reputation: 14
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    #2

    Nov 27, 2007, 01:11 PM
    Hello Cking340

    Please explain what you mean by pay in error? Was it an overpayment?
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
    Computer Expert and Renaissance Man
     
    #3

    Nov 27, 2007, 01:26 PM
    This is a iffy thing. If you wre aware of the overpayment and you spent it, that could be considered fraud and subject to criminal prosecution. This is really not a debt that you voluntarily incurred. So I doubt if you could get bankruptcy protection for it.
    JudyKayTee's Avatar
    JudyKayTee Posts: 46,503, Reputation: 4600
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    #4

    Nov 29, 2007, 01:33 PM
    Quote Originally Posted by ScottGem
    This is a iffy thing. If you wre aware of the overpayment and you spent it, that could be considered fraud and subject to criminal prosecution. This is really not a debt that you voluntarily incurred. So I doubt if you could get bankruptcy protection for it.

    Exactly what Scott said unless you can absolutely prove this was a total mistake on your part - how did this happen?

    And bankruptcy which will follow you for years appears to be a rather drastic attempt to resolve this problem - plus you might end getting charged with fraud.

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