Unemployment Compensation Overpayment

[Gauche1967]

Is an Unemployment Compensation Overpayment dischargeable in bankruptcy?

[drowningNdebt]

Does anyone have any information on this? Updates?????

[adviceplease]

I was told no by a lawyer online here is my question and their reply:

Question: I found out that I have to repay the money I recieved from unemployment. I have been planning to file bankruptcy and I want to know if I can add this to my bankruptcy?

Answer: Chapter 13, yes - but you'll have to repay it in full. To the extent you do not repay in full, it's not discharged. Chapter 7, not discharged. It's essentially fraud.

----Law Offices


The first lawyer I talked with said yes then changed to maybe, 2 others also said no. You can call them an cry and whine until they lower the payment down really low, that is what I did.

[Rahaton]

How does this happen? Double dipping? I honestly want to know because looking at the unemployment website here there is lots of info on how to pay them back, like it is a common occurrence.

[adviceplease]

Mine was from being awarded unemployment and my boss fought it at the court level and won even though I had witnesses. My lawyer said it was because I was a lot younger and it was a character judgement by the judge. I could have took it to the supreme court and it was just not worth the time or money. So now they get $20 a month for the rest of my life and my state tax refund.

[Rahaton]

I figured it was something like that. I had the inverse situation where I was denied but then went to court and got it awarded. In my case they tried to claim a performance bonus was severance when it was not. I still am always a bit worried that they will come back and say oops, you owe us.

Thanks for the explanation.

[AngelinaCat]

Well, I was supposedly overpaid because I answered a question in the online 'claim your weeks' menu wrong. I talked to the people in Tallahassee at the time and thought everything had been fixed and was over and done with.

So about a year and a half later I got a notice of overpayment for a certain week. I appealed. When I had the telephonic hearing, it turns out that the week sited in the paperwork I was sent, wasn't even the week in question, but this other one from a year and a half ago. And it turned out that they had been deducting the so-called overpayment from my benefits each week all along.

I could have appealed this, but I thought WTH; I have been extended twice past my original claim almost two years ago. When October 7 arrives, I will have been on UC for two years along with my little on-again-off-again PT job.

I have never been able to make sense of the printouts and paperwork I have received. Trying to talk to a human being is next to impossible. You have to camp on the telephone and hit the redial button for weeks at a time. And it is only getting worse......