What would you like to do?
File overpayment of unemployment benefits in Bankruptcy?
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.
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No and If you did not have any other worldwide income you would not be required to file a income tax return. ans The above is incorrect. You may well have no job or unemplo…yment and have many reasons and needs to file. For example a stock trade. A sale of an asset. interest or dividend income. MANY reasons. Also, filing a return when you don't owe tax is a GOOD thing. Why wouldn't you want to do it? You think tyhr IRS says OK not to file if its good for you? Or good for them!
The state that you worked in last.
Most likely. Filing for bankruptcy does not mean that it will automatically be granted. There is a process in which the court evaluates your debt versus your assets/inco…me. Your unemployment benefits will be calculated into this equation.
There is not a "statute of limitations" per se but there are requirements you must meet to be eligible for unemployment benefits in the state of Florida. Among these are that …you made a certain amount of money and worked a certain length of time during a base period, which is usually five quarters preceding your claim (of which you typically must have worked at least two and met the gains threshold).
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.
It depends on what Chapter you file under and how complicated your case is. Your lawyer will definitely go to the meeting of creditors with you, where you sit before the tru…stee for an interview that, for most people, is a formality. If you have more assets than you are allowed to keep, the lawyer will negotiate terms with the Trustee. This can take the form of surrender of assets or payment of cash in lieu of giving up assets (Chapter 7) or submission and amendment of your payment Plan (Chapter 13/11). If you have been accused of bankruptcy fraud or abuse, whether intentional or not, you will need an attorney to defend you through the process. This might cost extra. With all this in mind, your lawyer's primary job is to set you up before you file so that none of this bad stuff happens. And if it has to, your lawyer's job is to prepare you so that there are no surprises. The most important part of your lawyer's job is what happens before you file. This is not intended as legal advice. It is a general answer. Consult an attorney as to your specific situation. Henry Paloci Member, CA Bar and FL Bar http://www.cleanstartbankruptcy.com
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.
Yes. ans Of course, UI benefits, even for those at max in the most highly paid areas, are about 8K over the course of the allowed 6 months...which is rather small …amount to feel is impossible to repay, and hence...as BK involves everything you own as well as everything you owe...you would want to lose and give up everything you have over to do. Below are the list of the main things you cannot discharge in BK. But, lets be straight. UI pays you, you don't pay it. There is no UI program that is a loan and needs to be be paid back. You would only pay them back if you collected wrongfully or by deceit (like you went back to work and still filed like you were unemployed thinking no one would know). You swore everytime you filed that you knew collecting them when you shouldn't would be illegal and fraudulent. I suspect they made you a deal that as long as you pay them back, it won't be prosecuted, (or maybe they still will)? Debts (and legal penalties) and anything connected with illegal acts will not be discharged in BK. If you're doing a Chapter 7 bankruptcy, you can't discharge: * Taxes and tax liens * Student loans * Domestic support obligations (child support and alimony) * Luxury goods over $500 purchased within 90 days of filing * Fines or penalties of government agencies * Cash advances of more than $750 taken within 70 days of filing * Fraudulent debts * Willful or malicious injury to another * Death or personal injury from the operation of a motor vehicle, aircraft or vessel while intoxicated * Condominium or cooperative association fees * Debts not listed on your schedules Debts arising from fraud or maliciousness are not automatically excepted from discharge. MORE IMPORTANTLY..MAYBE IT'S TIME TO DECIDE IF YOUR REALLY EQUIPPED OR EVEN GETTING ANYWHERE TRYING TO BEAT THE SYSTEM?
They will subtract it from your state income tax every year till it is paid back.
Under federal law, your VA benefits can only be garnished for the following: Child SupportAlimonyUnpaid Back TaxesDebts to other Federal Agencies There has been a problem, h…owever, with debt collectors freezing and levying bank accounts after the disability deposit has been made. If this happens, you have to go to court to stop them. Unemployment benefits are administered by the state, not the federal government. If there is a levy against your account or a writ of garnishment on your VA Disability check for overpaid unemployment compensation, contact your local Vet Center (see link below) or legal aid society for assistance. The answer above is not wholly true. VA disability cannot be garnished for child support. The law states only when VA disability is for retirement purposes and only then can it be used to calculate child support. However there is this thing called a proportionate that can take up to 80 percent of a members income, and it has to go through and be approved by the VA office. But that is used only when one is not paying a sufficient amount and not making an effort to pay child support. The reason for the law is so the deadbeats do not waive the military retired pay in order to receive disability which they think they can get away with not paying child support.
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.
how can I stop a wage garnishment
In State Laws
Each state has its own requirements, but there is a clue, in that most require a work history in the first 4 of the last 5 completed calendar quarters before the filing date..… They then have requirements about what period in that base period you had to have earnings. The earlier you apply, the better, but for clarification, contact your state's employment security office for information on your state.
No, The furthest back any state will go and allow benefits is base years starting 4 of the last 5 complete calendar quarters, from the date of application.
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.
Yes. Unreturned unemployment benefits overpayments may be deducted from your federal income tax refund.