Tag Archives: social security

Is My Social Security Overpayment Dischargeable in Bankruptcy?

Social security overpayments are dischargeable in Chapter 7 or Chapter 13 bankruptcy so long as no fraud was engaged in when the overpayment occurred.

But, if you just received a check in the mail and used it, how do you know if the SSA or State of Michigan might thing you’ve engaged in fraud?

Read more about the dischargeability of Social Security and other governmental overpayments here on the new Michigan Bankruptcy Blog of Michigan Bankruptcy Attorneys The Hilla Law Firm, PLLC.

If you are a southeast Michigan resident and are considering filing for bankruptcy, please contact me at (866) 674-2317 or john@hillalaw.com to schedule a free, initial consultation.

Is Social Security “Income” in Bankruptcy?

Social Security benefits, both age benefits and disability benefits, are and also are NOT considered “income” within the bankruptcy process in a couple of different ways.

Income is considered in the bankruptcy process both as a measure of a debtor’s eligibility for Chapter 7 (as opposed to Chapter 13) bankruptcy and as a measure of the debtor’s ability to repay creditors some portion of the debt owed to them on monthly average basis.

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