On July 16th I entered into a buyer/seller contract for payments for some old items I had for sale on some auctions. I didnt get the payments until August 8th - I cashed them on that date and distributed the money to the people that I had sold most of these items on consignment for - so of course I dont have the funds anymore.
I closed my bank account with that bank due to a disagreement with a loan officer and I notified him that I would be doing so way back in June - well before the auctions ever happened. The account was closed on August 23rd.
On August 25th I received a call from the former CU telling me that I owed them 1800 for the MO's that turned out to be counterfeit.
I suppose my question is two fold here:
# 1 - why cant this debt be included in with the bankruptcy since the CONTRACTUAL sale agreement was done when the buyer won the auctions, which was well before my filing of bankruptcy and my meeting with the trustee on the 26th ? I look at it this way- if the buyer had paid with paypal after the auction ended that date would have been before the date of my bankruptcy meeting and WOULD have been able to be included. So is it my fault she paid my money order ?
# 2 - if it cannot be included, then what is my best defense against this fraud?
I did nothing wrong knowingly - in my mind the credit unions and banks were all notified according to the USPS wwebsite that this was going on while I didnt have a CLUE that this would happen. Doesnt the credit union have some kind of responsibility for not educating their tellers what to look for ??
Ideally I would of course, like to have this included in my bankruptcy rather than going through the mess of small claims court.
Any help would be appreciated.
my email is uwishtoo@att.net
Thank you
I closed my bank account with that bank due to a disagreement with a loan officer and I notified him that I would be doing so way back in June - well before the auctions ever happened. The account was closed on August 23rd.
On August 25th I received a call from the former CU telling me that I owed them 1800 for the MO's that turned out to be counterfeit.
I suppose my question is two fold here:
# 1 - why cant this debt be included in with the bankruptcy since the CONTRACTUAL sale agreement was done when the buyer won the auctions, which was well before my filing of bankruptcy and my meeting with the trustee on the 26th ? I look at it this way- if the buyer had paid with paypal after the auction ended that date would have been before the date of my bankruptcy meeting and WOULD have been able to be included. So is it my fault she paid my money order ?
# 2 - if it cannot be included, then what is my best defense against this fraud?
I did nothing wrong knowingly - in my mind the credit unions and banks were all notified according to the USPS wwebsite that this was going on while I didnt have a CLUE that this would happen. Doesnt the credit union have some kind of responsibility for not educating their tellers what to look for ??
Ideally I would of course, like to have this included in my bankruptcy rather than going through the mess of small claims court.
Any help would be appreciated.
my email is uwishtoo@att.net
Thank you