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-   -   Insurance overpayment (https://www.askmehelpdesk.com/showthread.php?t=156574)

  • Nov 27, 2007, 12:46 PM
    CKING340
    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
  • Nov 27, 2007, 01:11 PM
    slowandeasy
    Hello Cking340

    Please explain what you mean by pay in error? Was it an overpayment?
  • Nov 27, 2007, 01:26 PM
    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.
  • Nov 29, 2007, 01:33 PM
    JudyKayTee
    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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