If an individual owes money to the federal government because of a delinquent debt, the Treasury Department can offset that individual’s federal payment or withhold the entire amount to satisfy the debt.
Taxes Offset for Pre-Bankruptcy Debt
Hi guys. I had my refund unexpectedly offset for an alleged overpayment of unemployment benefits from like 10 years ago. Two years ago, I filed a no-asset Chapter 7 bankruptcy and had everything except student loans discharged. I was told unemployment benefits are eligible for discharge unless you commit fraud, which I didn’t.
Today I finally got to talk to a human being from the unemployment office, and she was basically like, “Well, we never received notice of your bankruptcy, so you still have to pay this debt.” I explained that I believe I included this debt in my filing BUT even if I didn’t, in my area, a no-asset Chapter 7 bankruptcy filer is not liable for forgotten debts because the court already declared all of my assets were exempt (including future tax refunds) and not to be used for repayment.
The lady got annoyed and said she’d have to have the company’s lawyers look at my bankruptcy paperwork. I told her I’d fax it after we hung up, and I did.
Just curious if anyone else has gone through an issue like this. If so, were you able to fix it without getting a lawyer to represent you? Not sure if I need a lawyer since they apparently have lawyers fighting against me to keep my money.
Also, how long did it take you to get your offset reversed? I’m so mad that they took my money (but aren’t we all? lol).