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Overpayment of benefits- take 2
We've discharged many EDD overpayment debts.
We list in in schedule F.
________________________________
To: cdcbaa@yahoogroups.com
Sent: Tue, February 2, 2010 11:25:54 AM
Subject: Re: [cdcbaa] Re: Overpayment of benefits- take 2
Section 507(a)(8) addresses taxes and customs duties. If your client was a former employee who was mistakenly paid too much in unemployment benefits this is not a tax and I do not see how it falls under any portion of section 507(a)(8). Where it would apply is if your client was the employer and recieved an erroneous refund from the EDD. It would be a priority claim under section 507(c).
Mark T. Jessee
Law Offices of Mark T. Jessee
"A Debt Relief Agency"
50 W. Hillcrest Drive, Suite 200
Thousand Oaks, CA 91360
(805) 497-5868
On Tue 2/02/10 9:14 AM , "Holly Roark" roarklaw@yahoo. com sent:
>I have a client who was overpaid EDD benefits and I assumed these were priority debts (Schedule E). Am I wrong?
>
>>
>Holly Roark
>holly@roarklawoffic es.com
>
>>
>--- In cdcbaa@yahoogroups. com, Mark T.Jessee > wrote:
>>
>>
>>
>>
>>
>>
>>
>> 1. Correct
>>
>>
>>
>> 2. Never had client inform me of any such issues and I believe any
>>
>> entity taking such action would constitute a discharge injunction
>>
>> violation under Section 524.
>>
>> Mark T. Jessee
>>
>> Law Offices of Mark T. Jessee
>>
>> "A Debt Relief Agency"
>>
>> 50 W. Hillcrest Drive, Suite 200
>>
>> Thousand Oaks, CA 91360
>>
>> (805) 497-5868
>>
>> NOTICE TO RECIPIENT: THIS E-MAIL IS MEANT FOR ONLY THE INTENDED
>>
>> RECIPIENT OF
>>
>> THE TRANSMISSION, AND THIS COMMUNICATION IS INTENDED TO BE
>>
>> PRIVILEGED BY
>>
>> LAW. IF YOU RECEIVED THIS E-MAIL IN ERROR, ANY REVIEW, USE,
>>
>> DISSEMINATION,
>>
>> DISTRIBUTION, OR COPYING OF THIS E-MAIL IS STRICTLY PROHIBITED.
>>
>> PLEASE NOTIFY
>>
>> US IMMEDIATELY OF THE ERROR BY RETURN E-MAIL AND PLEASE DELETE THIS
>>
>> MESSAGE FROM YOUR SYSTEM. THANK YOU IN ADVANCE FOR YOUR COOPERATION.
>>
>>
>>
>> On Mon 1/02/10 12:39 PM , Eva Taylor eltblc@... sent:
>>
>> I didn't receive any responses so I'm throwing this out there
>>
>> again...
>>
>> It is my understanding that generally SS, SSI, and State
>>
>> Disability, and EDD overpayment of benefits is dischargeable. 1. is my
>>
>> understanding correct and 2. is the client who discharges an
>>
>> overpayment of beenfits going to face a battle receiving benefits in
>>
>> the future?
>>
>> Thanks,
>>
>> Eva Taylor Borowitz & Clark, LLP etaylor@blclaw. com
>>
>>
>>
>>
>>
>> Links:
>>
>> ------
>>
>> [1] mailto:?subject Overpayment of benefits- take 2
>>
>> [2] mailto:cdcbaa@yahoogroups. com?subjectOverpaymen t of benefits-
>>
>> take 2
>>
>> [3]
>>
>> http://groups. yahoo.com/ group/cdcbaa/ message/13145; _ylcX3oDMTM3Yzg 1OTluBF9TAzk3MzU 5NzE0BGdycElkAzE xNTgwMzE0BGdycHN wSWQDMTcwNTAwMTE 4MARtc2dJZAMxMzE 0NQRzZWMDZnRyBHN sawN2dHBjBHN0aW1 lAzEyNjUwNzcxMDA EdHBjSWQDMTMxNDU -
>> [4]
>>
>> http://us.ard. yahoo.com/ SIG14kqrmrqf/ M493064. 13814333. 13821539. 13298430/ Dgroups/ S1705001180: MKP1/YYAHOO/ EXP1265084300/ L/BRFMxCUPDhFA -/J126507710062 6500/KJwvYYnTjd dK71tE4n7jAdw/ A green/
>>
>
>
We've discharged many EDD overpayment debts.We list in in schedule F.From: Mark T.Jessee <mjessee@jesseelaw.com>Sent: Tue, February 2, 2010 11:25:54 AMSubject: Re: [cdcbaa] Re: Overpayment of benefits- take 2
Section 507(a)(8) addresses taxes and customs duties. If your client was a former employee who was mistakenly paid too much in unemployment benefits this is not a tax and I do not see how it falls under any portion of section 507(a)(8). Where it would apply is if your client was the employer and recieved an erroneous refund from the EDD. It would be a priority claim under section 507(c).
Mark T. Jessee
Law Offices of Mark T. Jessee
"A Debt Relief Agency"
50 W. Hillcrest Drive, Suite 200
Thousand Oaks, CA 91360
(805) 497-5868
On Tue 2/02/10 9:14 AM , "Holly Roark" roarklaw@yahoo. com sent:
I have a client who was overpaid EDD benefits and I assumed these were priority debts (Schedule E). Am I wrong?
Holly Roark
holly@roarklawoffic es.com
/a>, Mark T.Jessee > wrote:
>
>
>
> 1. Correct
>
> 2. Never had client inform me of any such issues and I believe any
> entity taking such action would constitute a discharge injunction
> violation under Section 524.
> Mark T. Jessee
> Law Offices of Mark T. Jessee
> "A Debt Relief Agency"
> 50 W. Hillcrest Drive, Suite 200
> Thousand Oaks, CA 91360
> (805) 497-5868
> NOTICE TO RECIPIENT: THIS E-MAIL IS MEANT FOR ONLY THE INTENDED
> RECIPIENT OF
> THE TRANSMISSION, AND THIS COMMUNICATION IS INTENDED TO BE
> PRIVILEGED BY
> LAW. IF YOU RECEIVED THIS E-MAIL IN ERROR, ANY REVIEW, USE,
> DISSEMINATION,
> DISTRIBUTION, OR COPYING OF THIS E-MAIL IS STRICTLY PROHIBITED.
> PLEASE NOTIFY
> US IMMEDIATELY OF THE ERROR BY RETURN E-MAIL AND PLEASE DELETE THIS
> MESSAGE FROM YOUR SYSTEM. THANK YOU IN ADVANCE FOR YOUR COOPERATION.
>
> On Mon 1/02/10 12:39 PM , Eva Taylor eltblc@... sent:
> I didn't receive any responses so I'm throwing this out there
> again...
> It is my understanding that generally SS, SSI, and State
> Disability, and EDD overpayment of benefits is dischargeable. 1. is my
> understanding correct and 2. is the client who discharges an
> overpayment of beenfits going to face a battle receiving benefits in
> the future?
> Thanks,
> Eva Taylor Borowitz & Clark, LLP etaylor@blclaw. com
>
>
> Links:
> ------
> [1] mailto:?subject Overpayment of benefits- take 2
> [2] mailto:cdcbaa@yahoogroups. com?subjectOverpaymen t of benefits-
> take 2
> [3]
>
The post was migrated from Yahoo.
Section 507(a)(8) addresses taxes and customs duties. If your
client was a former employee who was mistakenly paid too much in
unemployment benefits this is not a tax and I do not see how it falls
under any portion of section 507(a)(8). Where it would apply is if
your client was the employer and recieved an erroneous refund from the
EDD. It would be a priority claim under section 507(c).
Mark T. Jessee
Law Offices of Mark T. Jessee
"A Debt Relief Agency"
50 W. Hillcrest Drive, Suite 200
Thousand Oaks, CA 91360
(805) 497-5868
On Tue 2/02/10 9:14 AM , "Holly Roark" roarklaw@yahoo.com sent:
I have a client who was overpaid EDD benefits and I assumed these
were priority debts (Schedule E). Am I wrong?
Holly Roark
holly@roarklawoffices.com [1]
--- In cdcbaa@yahoogroups.com [2], Mark T.Jessee wrote:
>
>
>
> 1. Correct
>
> 2. Never had client inform me of any such issues and I believe any
> entity taking such action would constitute a discharge injunction
> violation under Section 524.
> Mark T. Jessee
> Law Offices of Mark T. Jessee
> "A Debt Relief Agency"
> 50 W. Hillcrest Drive, Suite 200
> Thousand Oaks, CA 91360
> (805) 497-5868
> NOTICE TO RECIPIENT: THIS E-MAIL IS MEANT FOR ONLY THE INTENDED
> RECIPIENT OF
> THE TRANSMISSION, AND THIS COMMUNICATION IS INTENDED TO BE
> PRIVILEGED BY
> LAW. IF YOU RECEIVED THIS E-MAIL IN ERROR, ANY REVIEW, USE,
> DISSEMINATION,
> DISTRIBUTION, OR COPYING OF THIS E-MAIL IS STRICTLY PROHIBITED.
> PLEASE NOTIFY
> US IMMEDIATELY OF THE ERROR BY RETURN E-MAIL AND PLEASE DELETE
THIS
> MESSAGE FROM YOUR SYSTEM. THANK YOU IN ADVANCE FOR YOUR
COOPERATION.
>
> On Mon 1/02/10 12:39 PM , Eva Taylor eltblc@... sent:
> I didn't receive any responses so I'm throwing this out there
> again...
> It is my understanding that generally SS, SSI, and State
> Disability, and EDD overpayment of benefits is dischargeable. 1.
is my
> understanding correct and 2. is the client who discharges an
> overpayment of beenfits going to face a battle receiving benefits
in
> the future?
> Thanks,
> Eva Taylor Borowitz & Clark, LLP etaylor@blclaw. com
>
>
> Links:
> ------
> [1] mailto:?subjectOverpayment of benefits- take 2
> [2] mailto:cdcbaa@yahoogroups.com [3]?subjectOverpayment of
benefits-
> take 2
> [3]
>
The post was migrated from Yahoo.
I have a client who was overpaid EDD benefits and I assumed these were priority debts (Schedule E). Am I wrong?
Holly Roark
holly@roarklawoffices.com
>
>
>
> 1. Correct
>
> 2. Never had client inform me of any such issues and I believe any
> entity taking such action would constitute a discharge injunction
> violation under Section 524.
> Mark T. Jessee
> Law Offices of Mark T. Jessee
> "A Debt Relief Agency"
> 50 W. Hillcrest Drive, Suite 200
> Thousand Oaks, CA 91360
> (805) 497-5868
> NOTICE TO RECIPIENT: THIS E-MAIL IS MEANT FOR ONLY THE INTENDED
> RECIPIENT OF
> THE TRANSMISSION, AND THIS COMMUNICATION IS INTENDED TO BE
> PRIVILEGED BY
> LAW. IF YOU RECEIVED THIS E-MAIL IN ERROR, ANY REVIEW, USE,
> DISSEMINATION,
> DISTRIBUTION, OR COPYING OF THIS E-MAIL IS STRICTLY PROHIBITED.
> PLEASE NOTIFY
> US IMMEDIATELY OF THE ERROR BY RETURN E-MAIL AND PLEASE DELETE THIS
> MESSAGE FROM YOUR SYSTEM. THANK YOU IN ADVANCE FOR YOUR COOPERATION.
>
> On Mon 1/02/10 12:39 PM , Eva Taylor eltblc@... sent:
> I didn't receive any responses so I'm throwing this out there
> again...
> It is my understanding that generally SS, SSI, and State
> Disability, and EDD overpayment of benefits is dischargeable. 1. is my
> understanding correct and 2. is the client who discharges an
> overpayment of beenfits going to face a battle receiving benefits in
> the future?
> Thanks,
> Eva Taylor Borowitz & Clark, LLP etaylor@blclaw. com
>
>
> Links:
> ------
> [1] mailto:?subjectOverpayment of benefits- take 2
> [2] mailto:cdcbaa@yahoogroups.com?subjectOverpayment of benefits-
> take 2
> [3]
> http://groups.yahoo.com/group/cdcbaa/me ... TM3Yzg1OTl
The post was migrated from Yahoo.
1. Correct
2. Never had client inform me of any such issues and I believe any
entity taking such action would constitute a discharge injunction
violation under Section 524.
Mark T. Jessee
Law Offices of Mark T. Jessee
"A Debt Relief Agency"
50 W. Hillcrest Drive, Suite 200
Thousand Oaks, CA 91360
(805) 497-5868
NOTICE TO RECIPIENT: THIS E-MAIL IS MEANT FOR ONLY THE INTENDED
RECIPIENT OF
THE TRANSMISSION, AND THIS COMMUNICATION IS INTENDED TO BE
PRIVILEGED BY
LAW. IF YOU RECEIVED THIS E-MAIL IN ERROR, ANY REVIEW, USE,
DISSEMINATION,
DISTRIBUTION, OR COPYING OF THIS E-MAIL IS STRICTLY PROHIBITED.
PLEASE NOTIFY
US IMMEDIATELY OF THE ERROR BY RETURN E-MAIL AND PLEASE DELETE THIS
MESSAGE FROM YOUR SYSTEM. THANK YOU IN ADVANCE FOR YOUR COOPERATION.
On Mon 1/02/10 12:39 PM , Eva Taylor eltblc@yahoo.com sent:
I didn't receive any responses so I'm throwing this out there
again...
It is my understanding that generally SS, SSI, and State
Disability, and EDD overpayment of benefits is dischargeable. 1. is my
understanding correct and 2. is the client who discharges an
overpayment of beenfits going to face a battle receiving benefits in
the future?
Thanks,
Eva Taylor Borowitz & Clark, LLP etaylor@blclaw. com
Links:
[1] mailto:?subjectOverpayment of benefits- take 2
[2] mailto:cdcbaa@yahoogroups.com?subjectOverpayment of benefits-
take 2
[3]
The post was migrated from Yahoo.
I didn't receive any responses so I'm throwing this out there again...
It is my understanding that generally SS, SSI, and State Disability, and EDD overpayment of benefits is dischargeable.
1. is my understanding correct
and 2. is the client who discharges an overpayment of beenfits going to face a battle receiving benefits in the future?
Thanks,
Eva Taylor
Borowitz & Clark, LLP
etaylor@blclaw. com
I didn't receive any responses so I'm throwing this out there again...It is my understanding that generally SS, SSI, and State Disability, and EDD overpayment of benefits is dischargeable.1. is my understanding correctand 2. is the client who discharges an overpayment of beenfits going to face a battle receiving benefits in the future?Thanks,Eva TaylorBorowitz & Clark, LLPetaylor@blclaw. com
The post was migrated from Yahoo.