Can bankruptcy clear an SSI overpayment?
Answer . It depends. Any overpayments or funds received by fraud from any state or federal agency cannot be discharged in a Chapter 7 bankruptcy, or in a Chapter 13 bankru…ptcy filed on or after October 17, 2005. If the overpayment was not the result of fraud, it will be discharged. See the case of Lee \nv. Schweiker, 739 F.2d 870, 874 (3d Cir. 1984). SSA or any other government agency must prove, in the bankruptcy court, that the overpayment was the result of fraud. If fraud is proved, the overpayments will not be discharged in bankruptcy, and SSA can recover the overpayment from any future benefits. Please be advised that the SSA has the option of filing a civil suit if the amount is large enough, and can file federal criminal charges if the benefits were obtained fraudulently.
When you have a debt for overpayments by social security can you declare bankruptcy on the social security debt and still keep your credit card?
NO, you have to turn in any credit cards and include the credit card debts in the bankruptcy. You can't pick and choose what debts you are going to include.
Answer . \npay it off monthly with what money you can or put money away and keep it till you have a bit.
Improve you credit after Bankruptcy . You don't need to "clear your name" after Bankruptcy, the stigma isn't what it used to be. There's a common myth that once declared ba…nkrupt you will be added to a "blacklist". There is no such blacklist. \n. \nUnder British law you will most likely be "clear" of you bankruptcy after 4 years, after which time you are allowed to apply for credit (if you want to), a good way to start is with a credit card with a low-limit. Use this card every month and clear the debt every pay-day, after a few months of this apply for another and then a few months later another. Make sure you pay them off.\n. \nKeep this up for a maximum of 3 cards and for 1 year. This will improve your credit rating and you will probably be eligable for a loan, mortgage, etc.\n. \nBe careful with your money though!\n. \nGood luck,\nMoog.
Bankruptcy is never really cleared. Companies usually stopconsidering it as an issue for credit, after seven years. It stillremains in many consumer reports.
You mean who can legally change an accurate reporting of the past, that is maintained in tightly controlled data systems and the public records of the courts? No one. But y…ou could fall for any number of scammers who prey on those who are foolish enough to think so.
It means that you need to declare if you have ever been bankrupt. So if you have never been bankrupt you can say YES. However, if you have been bankrupt you need to say NO.
Bankruptcy affects debts and creditors, not vehicles. A debtor owning a vehicle exempts it or the equity in it if there is a car loan. The debt is reaffirmed. This is all part… of the public bankruptcy record. If the vehicle is not exempted, the trustee takes and sells it as part of the bankrupt "estate." If there is a chapter 13, and the debtor wants to sell the vehicle, s/he will have to get the court's permission. Either the trustee or the debtor would ask the court to sell free and clear of all liens. There are a number of potential problems if you are the buyer or the bankrupt seller, so get a lawyer.
You probably won't get any protection/relief for that.. First, overpayments and amounts due to most governmental agencies are given a very high priority.. Second, and more i…mportantly, is that under almost any instance of you receiving unemployment that you weren't supposed to, it is because of your filing a claim that you weren't alllowed to, or hiding your current employment of such, all of which to collect you swore something different, and is actually able to be pursued as a fraud and crime. The agency is giving you a break allowing you to make it good. Illegal acts, like fraudulently getting UI, are not going to get any protection by the BK court.
yes alot of people dont know but yes it will
No. Under any type of bankruptcy scheme that you may have filed, traffic citations of any kind are not included and you are still legally obligated to pay them. Additionally…, fines and penalties will continue to be charged to you so this is a debt that you should prioritize.
If they were listed as a debt they may be cleared. The city would certainly make their claim against the debtor. It would be up to the judge to accept or deny the claim.
Second mortgages can be discharged only in a Chapter 13 and only if there is no equity in the real estate for the loan to attach to.
Social Security Disability is, of course, a payment from a federal agency. While there is no rule specifically on Social Security Disability, the general rule is that any fund…s received from a federal agency by fraud (in a petition filed on or after October 17, 2005) cannot be discharged. If the overpayment did not occur because of fraud, it will be discharged. In order to prove fraud, the SSA must show, in the bankruptcy court, that the overpayments were due to fraud. This answer does not constitute legal advice or create an attorney-client relationship. Please consult an attorney for advice on your particular facts and case.
A chapter 7 bankruptcy is the nuclear bomb of debt clearing. It will however, not get rid of certain taxes, preference payments, college loans, and other not dischargeable deb…ts.
No. You can file for bankruptcy for debts to be discharged. If you are being asked to repay the overpayment, that is a debt.Whether it can be discharged or not depends on whet…her the overpayment is due to something you did that amounts to fraud or misinformation you provided. If you are not at fault for the overpayment, it would usually be dischargeable. Consult a local bankruptcy lawyer, since the case law varies from one bankruptcy court to another.