Legal Question in Bankruptcy in California

I have filed for bankruptcy and received the discharge of debtor Dec. 2009, i recently received collection notice from liberty life assurance disability insurance for over $4000 because I have recently been approved for SSDI. Do I really have to pay them back for the overpayment? If not, they will send my account to Collections agency, what would I expect? Can I get sued for non payment?


Asked on 1/16/10, 4:47 am

1 Answer from Attorneys
Robert F. Cohen Law Office of Robert F. Cohen

Since you likely filed your SSDI application before you filed your bankruptcy, any supposed debt that arose prior to filing should be discharged with limited exceptions. It would be wise for you to read your policy. Without my having read it, I can only give you general suggestions about how one handles omitted debts: you might send a copy of the notice of discharge to the creditor, and advise it in a cover letter (a copy of which you should keep) that a permanent injunction exists as to the collection of all pre-bankruptcy debts.

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Answered on 1/21/10, 9:54 am


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