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uneployment compensation

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  • uneployment compensation

    I have filed for chapter 7 in may 2006. The bankruptcy is scheduled to be discharged August 8, 2006.
    Last year I received unemployment compensation for 2 month. The company I worked for complained about the payment stating that I had left the work voluntarily. I a phone hearing, their specialists convinced the hearing officer that that was the case and I lost. That meant that I was ordered to repay $1.521 to the Unemployment Compensation Fund.
    In my bankruptcy schedule I included this debt. The trustee never took it up and the unemployment people never showed up at the hearing, but they are still sending letters demanding repayment and in the last letter even say that they might file a court action against me or hand the case over to a collection agency that will charge additional fees.
    What shall I do? Make a payment plan with them, write to them and tell them that this debt is part of my bankruptcy, or just ignore them?

  • #2
    A question first...did you file Ch 7 pro se (by yourself without a lawyer)?
    I am not a lawyer and this is not legal advice nor a statement of the law - only a lawyer can provide those.

    06/01/06 - Filed Ch 13
    06/28/06 - 341 Meeting
    07/18/06 - Confirmation Hearing - not confirmed, 3 objections
    10/05/06 - Hearing to resolve 2 trustee objections
    01/24/07 - Judge dismisses mortgage company objection
    09/27/07 - Confirmed at last!
    06/10/11 - Trustee confirms all payments made
    08/10/11 - DISCHARGED !

    10/02/11 - CASE CLOSED
    Countdown: 60 months paid, 0 months to go

    Comment


    • #3
      uneplo

      I had a similar issue where I owed unemployment over $1000 due to an overpayment. I included them in my BK and I have not heard from them. They didn't show up at my 341 and the last day of objections for my case is in 10 days. I am keeping my fingers crossed that no one does any last minute complaints. I filed pro-se. If you are getting phone calls and letters kindly inform them by mailing a copy of your BK filing. There should have been an automatic stay and if they contacted you during this time then they were in violation. I wouldn't ignore them, but I wouldn't set up a payment plan either. You need to find out if they indeed were notified of your filing.
      sbb


      Originally posted by uneplo
      I have filed for chapter 7 in may 2006. The bankruptcy is scheduled to be discharged August 8, 2006.
      Last year I received unemployment compensation for 2 month. The company I worked for complained about the payment stating that I had left the work voluntarily. I a phone hearing, their specialists convinced the hearing officer that that was the case and I lost. That meant that I was ordered to repay $1.521 to the Unemployment Compensation Fund.
      In my bankruptcy schedule I included this debt. The trustee never took it up and the unemployment people never showed up at the hearing, but they are still sending letters demanding repayment and in the last letter even say that they might file a court action against me or hand the case over to a collection agency that will charge additional fees.
      What shall I do? Make a payment plan with them, write to them and tell them that this debt is part of my bankruptcy, or just ignore them?
      Hooters MC: $1700
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      Target Card: $200 Capital One:$1500

      Comment


      • #4
        unemplyment compensation

        Originally posted by lrprn
        A question first...did you file Ch 7 pro se (by yourself without a lawyer)?
        Yes, I filled by myself. It's not so complicated and I couldn't afford an Attorney. The trustee was very understanding and helpfull.

        Comment


        • #5
          Originally posted by uneplo
          Yes, I filled by myself. It's not so complicated and I couldn't afford an Attorney. The trustee was very understanding and helpfull.
          The reason I asked is because if you had a lawyer, he or she would be able to help you figure out what to do about your unemployment compensation judgment. You said you listed this judgment when you filed - are you certain the owners of the judgment received notice? (I assume since you filed pro se, you sent the letters to your creditors yourself.)

          I'm not a lawyer, but at the Moran Law website at http://www.moranlaw.net/7discharge.htm it says that judgments are dischargeable in Ch 7. By trying to collect the judgment after you filed, if this company did indeed receive notice of your filing, then they are violating the automatic stay order.
          I am not a lawyer and this is not legal advice nor a statement of the law - only a lawyer can provide those.

          06/01/06 - Filed Ch 13
          06/28/06 - 341 Meeting
          07/18/06 - Confirmation Hearing - not confirmed, 3 objections
          10/05/06 - Hearing to resolve 2 trustee objections
          01/24/07 - Judge dismisses mortgage company objection
          09/27/07 - Confirmed at last!
          06/10/11 - Trustee confirms all payments made
          08/10/11 - DISCHARGED !

          10/02/11 - CASE CLOSED
          Countdown: 60 months paid, 0 months to go

          Comment


          • #6
            uneployment compensation

            Originally posted by lrprn
            The reason I asked is because if you had a lawyer, he or she would be able to help you figure out what to do about your unemployment compensation judgment. You said you listed this judgment when you filed - are you certain the owners of the judgment received notice? (I assume since you filed pro se, you sent the letters to your creditors yourself.)

            I'm not a lawyer, but at the Moran Law website at http://www.moranlaw.net/7discharge.htm it says that judgments are dischargeable in Ch 7. By trying to collect the judgment after you filed, if this company did indeed receive notice of your filing, then they are violating the automatic stay order.
            Thank you for the advice lrpn.
            The uneployment agency is a large and ineffective organisation. pretty sure one hand doesn't know what the other are doing. probably making it worse is also that I'm in Florida.
            I will send them a copy of the filing and see if that stops them.

            Comment


            • #7
              Anyone know how this would affect any future UE benefits? Since you didn't pay them back can this cause problems if in 20 years you lose your job?

              It's true that they are clueless in all states and not just Fla., especially the states that contract it out to India, but when it comes to one owing them money I would think that like taxes they won't forgive and forget.

              Comment


              • #8
                I am wondering the same thing too, FAHM.

                If Unemployment Income wouldn't be treated the same as a Governmental Debt. Taxes and such. May not be dischargeable. Since Unemployment comes from the State.
                Filed Ch 7 - 09/06
                Discharged - 12/2006
                Officially Declared No Asset - 03/2007
                Closed - 04/2007

                I am not an attorney. My comments are based on personal experience and research. Always consult an attorney in your area to address concerns related to your particular situation.

                Another good thing about being poor is that when you are seventy your children will not have declared you legally insane in order to gain control of your estate. - Woody Allen...

                Comment


                • #9
                  Originally posted by SinkingFast
                  I am wondering the same thing too, FAHM.

                  If Unemployment Income wouldn't be treated the same as a Governmental Debt. Taxes and such. May not be dischargeable. Since Unemployment comes from the State.
                  Thank you all.
                  i have followed the advice to send them a letter together with a copy of the bankruptcy filing today.
                  I'll let you know the outcome of this.
                  uneplo

                  Comment

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