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Can you declare bankruptcy for overpayment for unemployment?
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 whether 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.
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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 1…3 bankruptcy 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 v. 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.
Answer No, monies owed pertaining to public benefits either federal or state are not dischargeable under bankruptcy laws.
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.
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 importantly, 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.
They will subtract it from your state income tax every year till it is paid back.
how can I stop a wage garnishment
Unemployment would be paid by your state, so it has nothing to do with the company's financial situation. You should definitely qualify for unemployment unless you were fired.… You should give the Indiana State Information line a call @ 1-800-457-8283. Hope this helps!
You will have to pay it back ! Notify them right away, don't spend it.
You probably do, because receiving the overpayment and the paying it back might be in 2 different reporting periods. Better to report it and then get the credit later for havi…ng paid it back.
You could be charged with a misdemeanor or felony, depending on the amount owed, plus fines and/or other penalties They will subtract it from your state income tax every year …till it is paid back.
If you have re-qualified, under the terms of your state's employment security office, then you should be able to file your claim. If you owe on overpayment, they will deduct a…mounts from your benefits.
In State Laws
Each state's policies are different, but that is normally the case. They need to recoup the payments, but you are entitled to benefits.
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.
In State Laws
Yes, but the following applies: Only the "liable" state (where your work history qualified you for benefits) will pay the benefits, if any. You can file in the liable state, o…r where you live now and your state will act as the "agent" state, to coordinated the payments. Now, if you owe for overpayments, you need to disclose that so they can make adjustments in the benefits you're entitled to. To not do this may make you subject to unemployment fraud laws.
If you were over paid by unemployment can that affect your social security benefits at all