IN RE Leaks

Jul 08, 2016

OUTCOME: The Court determined that the unemployment overpayments are established through a judicial process and are judicial liens. Motion to avoid lien was granted and debtor was able to discharge the debt as unsecured.

Debtor filed motion to avoid lien stating that Department of Workforce Services overpayments are a judicial lien and are avoidable. The State argued that the overpayments are a statutory lien establis ... hed by state statute.