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Can you file bankruptcy against a social security overpayment debt?
Wiki User
∙ 18y ago
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 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.
Wiki User
∙ 18y ago
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Social security overpayment?
If payments from Social Security have been more than designated, it should be reported. Eventually, the Agency will catch up and get the money back.
Can a creditor freeze your bank account although im on social security?
Social Security funds are protected against a lien on your checking account. However you will have to prove that the funds in your account are from Social Security. If there are other funds "commingled" then unprotected funds may be seized
What number is issued by the government through the Social Security department?
Social security number
What channel is SSN?
social security number of an individual person in the united states see * social security@ social security.gov.com
Does the standard version of lifelock protect your social security number and does it monitor your credit cards for purchases?
The standard version of LifeLock does protect your social security number as it is a service that guards you against identity theft. It also monitors credit card purchases and credit applications that are made in your name.
Can unemployment agency take overpayment from social security disability?
If you were over paid by unemployment can that affect your social security benefits at all
Can Social Security garnish your wages for an overpayment when you have an appeal on file?
No, but if the appeal is favorable to the SSA they can recover the overpayment amount via garnishment of income.
Can social security disability overpayment be discharged if I file Bankruptcy?
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 funds 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.
Does the government charge interest on SSI debts?
The Social Security Administration does not charge interest on a Supplemental Security Income overpayment.
Social security overpayment?
If payments from Social Security have been more than designated, it should be reported. Eventually, the Agency will catch up and get the money back.
Can you go to prison for social security overpayment?
NO! Over payments are usually the fault of the Social Security Administration. You are entitled to a hearing that usually determines the fault. Social Security does not want to pay for your prison stay.
Am I responsible for my husband's social security overpayment?
Absolutily not. if you were not his wife, would you do it then? he is in charge of his own resposibiltys. as same with you...
Can a person without social security number file for bankruptcy without being deported?
Yes, but if the debtor ever used a phony social security, some districts will NOT allow the person to file a bankruptcy.
Is your social security retirement income exempt for chapter 7 bankruptcy?
yes
When did you first borrow against social security?
I never borrowed against Social Security, so I'd say the answer is "Never."
Will I lose my retirement accounts or payments from social security if I file for bankruptcy?
Generally, no. Retirement accounts that are ERISA-qualified aren't considered property of an estate and cannot be taken. Social Security benefits are generally protected from assignment, or garnishment for debts in bankruptcy. The Social Security Administration's responsibility for protecting benefits against legal process and assignment usually ends when the beneficiary is paid. Once paid, the benefits continue to be protected only as long as they can be identified as Social Security benefits. For example, money in a bank account where the "only" deposits into the account are direct deposits of Social Security benefits are "identifiable" and generally protected.
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.
