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    Unemployment Compensation Overpayment

    Is unemployment compensation over payment dischargeable in BK?

    Is a public defender fee (very small) dischargeable?
    9/22/2009 - officially filed chapter 7
    11/03/2009 - scheduled 341 - COMPLETED
    01/04/2010 - last day for objections
    01/11/2010 - DISCHARGED & CLOSED

    #2
    Yes. Unless the overpayment was obtained by fraud or a material misstatement or there is some other circumstance to make it non-dischargeable.

    The exceptions to discharge are contained at 11 USC 523:



    I see nothing excluding overpayments of unemployment.
    Pay no attention to anything I post. I graduated last in my class from a fly-by-night law school that no longer exists; I never studied or went to class; and I only post on internet forums when I'm too drunk to crawl away from the computer.

    Comment


      #3
      thanks for the fast reply! what about public defender fee?
      9/22/2009 - officially filed chapter 7
      11/03/2009 - scheduled 341 - COMPLETED
      01/04/2010 - last day for objections
      01/11/2010 - DISCHARGED & CLOSED

      Comment


        #4
        Originally posted by drowningNdebt View Post
        thanks for the fast reply! what about public defender fee?
        Everything is dischargeable unless it is listed in 523.

        1. Certain taxes;

        2. Fraud / false pretenses / certain cash advances or luxury goods;

        3. Not listed;

        4. Fiduciary fraud, embezzelment, larceny;

        5. Domestice support;

        6. Wilfull injuries;

        7. Fines and penalties;

        8. Student loans;

        9. Injuries from drunk driving;

        10. Not listed in prior cases or denied discharge in prior cases;

        11. Bank stuff;

        12. More bank stuff;

        13. Restitution orders;

        14. Debts incurred to pay non-dischargeable taxes;

        15. Spousal divorce debts;

        16. Certain homeowner association / condo fees;

        17. Fees against a prisoner for frivolous filing;

        18. Certain retirement loans;

        19. Certain securities laws violations;

        If it aint one of those, it's dischargeable.
        Pay no attention to anything I post. I graduated last in my class from a fly-by-night law school that no longer exists; I never studied or went to class; and I only post on internet forums when I'm too drunk to crawl away from the computer.

        Comment


          #5
          wow this is really good to know. i hope it works out in my case and i can get them discharged as well. it really sux being broke and jobless. things must get better than this
          9/22/2009 - officially filed chapter 7
          11/03/2009 - scheduled 341 - COMPLETED
          01/04/2010 - last day for objections
          01/11/2010 - DISCHARGED & CLOSED

          Comment

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