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Can i file unemployment overpayment under my bankruptcy? and were can i find a bankruptcy lawyer?

Waukegan, IL |

i owe unemployment about 8k. can i file it under my bankruptcy? were can i ifnd a cheap lawyer that can work with me?

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Attorney answers 4


Overpayment of unemployment can be discharged in a Chapter 7 Bankruptcy, unless the overpayments were made as a result of fraud, e.g. you were paid because you said you weren't working, but in actuality, you were working. Google Illinois Bankruptcy attorneys to obtain many choices for a local bankruptcy lawyer.

We are a debt relief agency helping people obtain relief via bankruptcy under the U.S. Code. This is not to be construed as legal advice, please consult a lawyer regarding important legal decisions.


You should be looking for an experienced competent bankruptcy lawyer not a cheap bankruptcy lawyer. What other professional services would cause you to make a decision based on price? To do the job "right" the lawyer has to spend time on the case and perform due diigence. Time is money. If you just want someone to give you questionaires that he has his office type up for you you might as well just file the case yourself.


You must include the debt in your bankruptcy filing. Whether it is a dischargeable debt is the question you need to ask.

Without having the benefit of the complete background that would be necessary to evaluate your bankruptcy case, the following are some generalizations: The bankruptcy will not stop the state recouping the money from benefits if you are still receiving benefits. If the overpayment was your fault, such as misstating employment, then the debt will not be discharged. If it was more in the nature of a state error, then the debt will be discharged.

The scope of this space does not afford an opportunity to assess the situation and advise you. I recommend you assemble for legal consultation: (1) your income information for June 2011 through the present, including wages and unemployment during that period; (2) all your bills (three months’ copies neatly assembled); (3) last four years’ tax returns; (4) a credit report (use to obtain free report if not requested in last year); and (5) other information that may apply, such as copies of lawsuits. Call at your earliest convenience to afford the most opportunity in which to be advised about your best course. You are not required to use an attorney in your area.

I do not recommend filing bankruptcy on your own. There are too many complex issues. I have seen several posts on this site for debtors who filed on their own and are seeking counsel concerning complications. Most of them will have a hard time finding an attorney to get involved to unwind the mess without the attorney charging several times what would originally have been paid.

The scope of this space does not afford an opportunity to adequately advise you. The response provided is intended to be informative, but not final. You are advised to arrange a consultation at which all facts and documents can be explored and terms for representation agreed. An attorney-client relationship must be formally established.


As the others have stated, this government obligation may or may not be dischargable depending upon the circumstances. A debt incurred by means of fraud will not be dischargable. Fraud requires an intent to deceive the government. Absent an intent to deceive this debt could be forgiven in bankruptcy.