Can I write off an overpayment of unemployment compensation in my bankruptcy case?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
Can I write off an overpayment of unemployment compensation in my bankruptcy case?
It was found by the UIA to be unintentional nor obtained by fraud. I plan on starting bankruptcy next month.
Asked on January 25, 2013 under Bankruptcy Law, Michigan
Answers:
M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney
Answered 11 years ago | Contributor
Then the answer is most likely yes. Debts not dischargeable in chapter 7 bankruptcy include domestic support actions, debts owed to a spouse, certain tax debts, debts as a result from fraud, DWI/ DUI, student loans (absent a finding of undue hardship), and any fines, penalties or restitution that a federal, state, or local government has imposed to punish you for a violation of law. I think you will be fine. Good luck.
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 11 years ago | Contributor
Unfortunately not. Not surprisingly, debts to the government are generally not dischargeable in bankruptcy; the government has made the bankruptcy rules, and has set things up so the government is paid. (The main other debts effectively impossible to discharge are government-backed student loans; spousal and child support; and judgments owed from DUI/DWI.)
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.