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Unemployment Overpayment - Included in BK?


dsantos31
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I filed BK in 4/05 & discharged 8/05. Previous to filing, I had an outstanding debt due to overpayment of unemployment benefits (this may be due to my ignorance). I had been layed off Sept '01 and found employment in Feb '02. I thought that since my new job was not yet permanent I would be able to still collect benefits. As usual, at weeks end I phoned in to the unemployment line & chose the selection that I was working & provided the amount of my weekly paycheck. I then received a check for the full amount that I had received when unemployed. After several calls to find out if this was correct, I was able to reach a service rep that said that I was eligible to receive payments until the end of April '02, hence I countinued to submit weekly wages to the unemployment line until the end of April & still recieved a check every week.

Fast forward, I then received a notice of overpayment. After contacting the offices, I found that I had received incorrect info and was told that this could constitute fraud. I began to pay the overpaid amount owed in $25 - $50 increments, until I had to file BK. I recently received a letter for payment that includes the following:

"you have the right to present verbal and/or written proof to establish any defenseto the offset allowed by this law such as:

-the debt has been dishcarged in bankrupcty" (althought there were other instances outlined, this is the only instance that pertains to my situation)

In my papers submitted to my attorney I had included this debt but it is not on my discharge papers, nor is this debt in the final papers drawn up by my attorney.

After saying all of this, my question is, is this debt automatically included in discharge? Or should I begin payment arrangements on this debt? I've already written out the check for $50 to begin payment arrangements but have not sent it yet. Any advice would be greatly appreciated.

Thanks in advance to all.

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  • 2 weeks later...

After searching thru my paperwork, I found this debt listed in the documents I downloaded & printed from Pacer. Prior to discharge, I did not receive any correspondence from NYS Unemployment objecting my BK claim. Henceforth, I can only assume that they were notified by the courts about my BK case and now after discharge they are still trying to collect (the letter sent is dated 11/25/05, I was discharged 8/29/05).

My question, should I respond to them stating that this debt has been discharged or ignore them & hope they don't take further action?

Thanks in advance for your response.

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