ExpertLaw Forum - Help With Your Legal Questions
Personal Injury Issues Personal injury issues not addressed under other topics, including discussion of particular types of injury.

Reply
 
Thread Tools Display Modes
  #1  
Old 10-27-2009, 07:16 PM
Docmac Docmac is offline
Junior Member
 
Join Date: Oct 2009
Posts: 7
Unhappy Bankruptcy
In 2005 I was awarded SS Disability benefits due to injuries I incurred while in combat in the military.

As most know living off of SS is next to impossible and I had to file Chp 11 Bankruptcy and it was finalized in Aug of this year.

June of this year the SS contacted me to inform me that there was an amt of money that my SS Disability Atty wasn't entitled to therefore it was going to be paid to me, upon getting this letter from the SS dept I went to the local SS office to verify that this was correct and they stated it was then come to find out they had actually paid me weeks earlier.

5mths later I get a letter from the SS Disability Atty informing me that he was never paid and that the payment they gave me earlier in the year was an error, and that I must remit payment to him imediately. Obviously I no longer have that money it paid my Bankruptcy Atty and so forth.

I sent him a copy of my Bankruptcy filing. Then a few weeks later I get informed by the SS dept that the payment was indeed made in error and if I didn't pay the Atty they would begin withholding my entire SS Disability payment until the money is paid back, they're saying it's like an overpayment.

I have submitted my bankruptcy papers to the SS office since the debt existed before my BK was finalized, but SS is telling me the BK doesn't matter. I've spoken to my BK Atty and she has indeed stated that even though the debt to SS wasn't itemized in my BK filing it's still considered discharged.

What's best avenue to keep SS from taking my only source of income?

Thanks
Reply With Quote
  #2  
Old 10-27-2009, 09:40 PM
Mr. Knowitall Mr. Knowitall is offline
Senior Member
 
Join Date: Sep 2005
Location: California
Posts: 32,460
Default Re: Bankruptcy
Have your bankruptcy try to talk to someone at Social Security, or bring a motion in the bankruptcy court asking the court to compel them to honor the order of discharge. (I haven't researched the merits of the issue.)
Reply With Quote
Sponsored Links
Reply

Thread Tools
Display Modes

Posting Rules
You may not post new threads
You may not post replies
You may not post attachments
You may not edit your posts

BB code is On
Smilies are On
[IMG] code is On
HTML code is Off


Forum Sponsor

Similar Threads
Thread Forum Last Post
Bankruptcy Malpractice - We Could Have Avoided Bankruptcy Altogether Legal Malpractice 03-04-2009 06:32 AM
Is Bankruptcy the Way to Go Chapter 7 Bankruptcy 01-06-2009 04:15 AM
Which Bankruptcy 13 Or 7? Chapter 13 Bankruptcy 03-11-2008 11:43 AM
IRS and Bankruptcy Tax Law 04-24-2007 05:25 AM
Converting Chapter 13 Bankruptcy to Chapter 7 Bankruptcy Chapter 13 Bankruptcy 07-06-2006 06:50 AM



All times are GMT -7. The time now is 06:09 AM.

Information provided in the forum is not intended to substitute for professional advice, including but not limited to professional legal advice. If you submit a question or comment it is assumed that you are interested in soliciting, receiving or giving general information and not legal advice. Laws vary by state, and the laws described in this forum may be different in your state or may have been changed since the information was posted. The legal help offered in this forum comes from volunteers who may not have any formal legal training or knowledge, and all information should be confirmed with a qualified legal professional. All information is made available on an "as is" basis. You should accept legal advice only from a licensed legal professional with whom you have an attorney-client relationship. Use of this forum is subject to the ExpertLaw terms of use.


Powered by vBulletin® Version 3.8.2
Copyright ©2000 - 2009, Jelsoft Enterprises Ltd.
Copyright © 2004 - 2008 ExpertLaw.com, All Rights Reserved