my husband lost both of his appeals and now he needs to pay it back but they wont accept what you can afford in a payment plan either our choice is 1200.00 dollars a month or 600.00 they wont accept anything less and we cant afford that
Unemployment benefits can be discharged. However, if payments were fraudulently received, you could face an objection to having the debt discharged. Unless the state filed suit before the bankruptcy or advised in writing of possible fraud, you may not know until after the bankruptcy is filed.
Regardless, what can also happen is that the state has a right of "offset". This means that in the future, if your husband seeks unemployment compensation, the state has a right to pay itself back from future payments to your husband.
Please be advised that the advice to you herein does NOT establish an attorney client relationship and that our firm does NOT represent you in any 7 Bankruptcy matter.
Presuming the unemployment overpayment charge is not considered a tax, I believe that this payment would likely be discharged in a chapter 7 bankruptcy case. In a worst case scenario you can consider filing a Chapter 13 case, which would help you manage the monthly payment during the life of that case. Your bankruptcy lawyer can help you make that decision.
I'm adding a link to a video I created to explain how a chapter 13 can help someone deal with a non dischargeable student loan debt. I hope that this debt is dischargeable, but if not you can see from this video that a Chapter 13 payment is frequently less than what you would pay if you had a judgment agains you and your paycheck was being garnished.
In my state the attorney general's office routinely files adversary proceedings claiming non-discharge for fraud. You can set up an affordable payment plan by filing for chapter 13 instead of chapter 7. You could also file for chapter 7 and then convert to a 13 if the state files an adversary.
The answer above is for general information purposes only. You should talk to an attorney to determine your specific legal rights.
As long as this is not fraud, it can be discharged in any case. If you are sued for fraud, you need to respond to fight any charge, because fraud is not discharged.
Mr. Goldstein is a Virginia-licensed attorney only. The information is not, nor is it intended to be, legal advice. You should consult an attorney for individual advice regarding your own situation. Answering this question does not in any way constitute legal representation. Contacting Mitchell Goldstein or the Goldstein Law Group does not constitute legal representation, nor is any information you provide protected by attorney-client privilege until otherwise advised.
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