Overpayment of Social Security Disability
My question involves bankruptcy in the state of: Virginia. I was receivng SS disabilty for my two children due to ex being on disability. Due to the work he had done there was an overpayment. SS stated I was responsible for repayment. I sued the ex in small claims and won the judgement. I then proceeded to garnish his paychecks. He then declared CH. 13 bankruptcy. Are the overpayments dischargeable? I read where I can file a claim disputing that this should not be discharged. Is it possible for me to go in front of the judge and explain my side of the story of why the ex owes me this money. He actually owes the United States Government not me, I don't get to keep any of this money.
Re: Overpayment of Social Security Disability
His debt to you may be dischargeable, or subject to being repaid in smaller amounts or over a longer time under his Chapter 13 plan. His bankruptcy has no effect on your debt to Social Security. You are free to object to the full or partial discharge of the debt based upon the facts of the case and the type of judgment you obtained. You should have received notice about filing objections, and the deadline for filing, with the notice of bankruptcy.