Can I write off an overpayment of unemployment compensation in my bankruptcy case?

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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 8 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 8 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.)


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