SSI benefit overpayments on Sched. E or F?

[betpie]

So I owe the Social Security Administration around $7K for benefit overpayments (non-fraud). I've determined that it is an unsecured debt, but I'm not sure if it is priority or not. It seems like it might fit under the "taxes and certain other debts owed to governmental units" category on Schedule E, but I can't find anything that says for sure if the SSA is actually one of those "certain other" govt. units. Anyone have any leads???

[justbroke]

This is a very good question indeed! I would say probably not list is as priority debt because while it's owed to the federal government (a governmental entity), it's OASDI and may be dischargeable. I would put it on your schedules as non-priority debt (Schedule F) so that your intent is to discharge it.

Since you're filing pro se, you'll probably have difficulty getting it discharged if the SSA challenges you (Adversary Proceeding). Since it's $7K, a significant amount, I would expect some griping that you're attempting to discharge it... but I've never been in this particular situation, so this is purely opinion.

[betpie]

Thanks justbroke, I appreciate your input.

I've been scouring the web on this topic for the last several hours and all I've found is lots of conflicting information. Some sites say it can be discharged, as long as the overpayments weren't due to fraud. Others say outright that overpayments can never be discharged, just like student loans.I want to avoid AP at all costs for financial and time-constraint reasons.

I guess the next step is to get another free consult?

[justbroke]

Yes, get a few consults and see what the lawyers think. I think the main thing is do they fight it.... and if they do fight discharge, what kinda fight do you want to put up.