Unemployment Compensation Overpayment

[drowningNdebt]

Is unemployment compensation over payment dischargeable in BK?

Is a public defender fee (very small) dischargeable?

[MSbklawyer]

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:

http://www.law.cornell.edu/uscode/11/523.html

I see nothing excluding overpayments of unemployment.

[drowningNdebt]

thanks for the fast reply! what about public defender fee?

[MSbklawyer]

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.

[drowningNdebt]

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