Question from JT, Can Chapter 7 Bankruptcy Discharge Social Security Overpayments in California?
Answer from AI:
In California, Social Security overpayments are generally not dischargeable in a Chapter 7 bankruptcy. This is determined by the U.S. Bankruptcy Code, specifically under 11 U.S.C. § 523(a)(3), which states that debts owed to a governmental unit are non-dischargeable unless they are for taxes or tax penalties. Social Security overpayments do not fall under this exception.
Additionally, case law such as United States v. Kitchens supports this rule, indicating that such overpayments are not dischargeable because they do not meet the criteria for exceptions under § 523(a)(3). While there might be unique circumstances, such as no fault of the recipient or undue hardship, these do not typically alter the non-dischargeable status of Social Security debts.
For personalized advice, consulting a bankruptcy attorney is recommended, as they can provide tailored guidance based on individual circumstances.
Learn more about the U.S. Bankruptcy Code
Explore the Social Security Administration’s Overpayment Recovery
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