Legal Question in Bankruptcy in California

Social Security

We were in a heated discussion about Social Security. My cousin was told that if you are receiving social security and they demand a repayment, that you can file for bankruptcy.

I said no, because this is the government you are dealing with.

There are Laker tickets and 2 free dinners at stake.


Asked on 8/11/02, 7:38 pm

2 Answers from Attorneys
Mark Markus Law Office of Mark J. Markus

Re: Social Security

I'm not sure what your question is. Are you asking whether or not social security overpayments are dischargeable in a bankruptcy case? The answer, I believe, is that "yes" they are dischargeable in a Ch. 13 case and they may be dischargeable in a Ch. 7 case depending on whether the overpayment was due to fraud or misrepresentation on your part, or whether it was due to a mistake or error by the SSA.

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Answered on 8/11/02, 7:49 pm
Alvin Tenner Law Office of Alvin G. Tenner

Re: Social Security

I believe you can. However, why would social security ask for the money back. this may determine whether or not they can get around the bankruptcy.

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Answered on 8/12/02, 1:20 am


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