Central District Consumer Bankruptcy Attorney's Association

Recoupment (same transaction or occurrence) is different from setoff. As to many benefits, there are federal statutes outside of the bankruptcy code that allow for recovery of overpayments from future benefits.
Law Office of Eric Alan Mitnick
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To: cdcbaa
Sent: Fri, Jan 26, 2018 10:23 am
Subject: RE: [cdcbaa] EDD Claim for Overpayment of Unemployment Benefits
I do not have the cases in front of me, but if I recall correctly,recoupment is a different rightthan offset and is not enjoined by the automatic stay.IMOa government agencycan recoup past benefits it overpaid the Debtor from futurebenefits duethe Debtor without violating the stay. But it only applies to like benefits (i.e. SS can recoup against future SS benefits, Unemployment can recoup against future unemployment benefits, etc.)
Recoupment (same transaction or occurrence) is different from setoff. As to many benefits, there are federal statutes outside of the bankruptcy code that allow for recovery of overpayments from future benefits. Law Office of Eric Alan Mitnick
21515 Hawthorne Boulevard, Suite 1080
Torrance, California 90503
Telephone: (310) 792-5864Facsimile: (310) 347-4353
Email: MitnickLaw@aol.com, MitnickLaw@gmail.com
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Dear David,
Offsets are included in the discharge injunction, to wit:
A discharge in a case under this title . . . operates as an injunction against the commencement or continuation of an action, the employment of process, or an act, to collect, recover or offset any such debt as a personal liability of the debtor, whether or not discharge of such debt is waived.
11 U.S.C. 524(a)(2).
Therefore, if EDD were to offset the unemployment benefit of my client based on a discharged EDD debt, I would seek relief.
All the best,
Nick
Nicholas Gebelt
Nicholas Gebelt, Ph.D., J.D.
Attorney at Law
Certified Bankruptcy Law Specialist State Bar of California Board of Legal Specialization
Law Offices of Nicholas Gebelt
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According to 106(a)(1), sovereign immunity is waived with respect to 524.
If EDD recoups the discharged debt when the Debtor files for postdischarge unemployment benefits, why is that setoff not a violation of the discharge injunction of 524(a)(2)?
Nicholas Gebelt
Nicholas Gebelt, Ph.D., J.D.
Attorney at Law
Certified Bankruptcy Law Specialist State Bar of California Board of Legal Specialization
Law Offices of Nicholas Gebelt
15150 Hornell Street
Whittier, CA 90604
Phone: 562.777.9159
FAX: 562.946.1365
Email: ngebelt@goodbye2debt.com
Web: www.goodbye2debt.com
Blog: www.southerncaliforniabankruptcylawblog.com/
Important notice required by 11 U.S.C. 528: We are a debt relief agency. We help people file for bankruptcy relief under the Bankruptcy Code.
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That is also true.
On 1/23/2018 3:51 PM, Giovanni Orantes go@gobklaw.com [cdcbaa] wrote:
>
>
> My recollection is that the unemployment insurance state agency
> recoups it later if the debtor seeks further unemployment benefits.
>
> On Tue, Jan 23, 2018 at 3:49 PM, David Tilem
> DavidTilem@TilemLaw.com [cdcbaa] > wrote:
>
> That’s what I though – thanks.
>
> *David A. Tilem*
>
> *Certified Bankruptcy Specialist Since 1997*
>
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> *From:* cdcbaa@yahoogroups.com
> [mailto:cdcbaa@yahoogroups.com ]
> *Sent:* Tuesday, January 23, 2018 3:47 PM
> *To:* cdcbaa@yahoogroups.com
> *Subject:* Re: [cdcbaa] EDD Claim for Overpayment of
> Unemployment Benefits
>
> Dischargeable if not obtained through fraud.
>
> On 1/23/2018 3:30 PM, David Tilem DavidTilem@TilemLaw.com
> [cdcbaa] wrote:
>
> I know we have talked about this before, but I don’t
> remember the answer. Dischargeable or not?  I’m thinking
> it’s dischargeable.
>
> *David A. Tilem*
>
> *Certified Bankruptcy Specialist Since 1997*
>
> Law Offices of David A. Tilem
>
> 206 N. Jackson St., #201
>
>
> Glendale, CA 91206
>
>
> Tel: 818-507-6000 * Fax:
> 818-507-6800
>
> Toll Free: 888-BK PRO 4U (888-257-7648
> )
>
> www.TilemLaw.com
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> --
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> Giovanni Orantes, Esq.*
> Orantes Law Firm, P.C.
> 3435 Wilshire Blvd. Suite 2920
> Los Angeles, CA 90010
> Tel: (213) 389-4362
> Fax: (877) 789-5776
> e-mail: go@gobklaw.com
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>
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> Note: The information in this e-mail message is not intended to be
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Law Office of Mark J. Markus
_*Mailing Address Only:*_
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Studio City, CA 91604-2652
(818)509-1173 (818)332-1180 (fax)
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Board of Legal Specialization
This Firm is a Qualified Federal Debt Relief Agency
________________________________________________
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And they would have to timely bring the objection to claim based on
fraud.  In 27 years I have never seen them do that, despite some
fairly egregious facts potentially supporting them doing so.
On 1/23/2018 3:49 PM, David Tilem DavidTilem@TilemLaw.com [cdcbaa]
wrote:
>
>
> That’s what I though – thanks.
>
> *David A. Tilem*
>
> *Certified Bankruptcy Specialist Since 1997*
>
> Law Offices of David A. Tilem
>
> 206 N. Jackson St., #201
>
> Glendale, CA 91206
>
> Tel: 818-507-6000  * Fax: 818-507-6800
>
> Toll Free: 888-BK PRO 4U (888-257-7648)
>
> www.TilemLaw.com
>
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> AVVO
>
> av
>
> The pages comprising this transmission may contain CONFIDENTIAL
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> *From:* cdcbaa@yahoogroups.com [mailto:cdcbaa@yahoogroups.com]
> *Sent:* Tuesday, January 23, 2018 3:47 PM
> *To:* cdcbaa@yahoogroups.com
> *Subject:* Re: [cdcbaa] EDD Claim for Overpayment of Unemployment
> Benefits
>
> Dischargeable if not obtained through fraud.
>
> On 1/23/2018 3:30 PM, David Tilem DavidTilem@TilemLaw.com
> [cdcbaa] wrote:
>
> I know we have talked about this before, but I don’t remember
> the answer.  Dischargeable or not?  I’m thinking it’s
> dischargeable.
>
> *David A. Tilem*
>
> *Certified Bankruptcy Specialist Since 1997*
>
> Law Offices of David A. Tilem
>
> 206 N. Jackson St., #201
>
> Glendale, CA 91206
>
> Tel: 818-507-6000  * Fax: 818-507-6800
>
> Toll Free: 888-BK PRO 4U (888-257-7648)
>
> www.TilemLaw.com
>
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>
>
> cid:image005.png@01D0C939.A54B78D0
> cid:image006.png@01D0C939.A54B78D0 SL
>
> AVVO
>
> av
>
> The pages comprising this transmission may contain
> CONFIDENTIAL INFORMATION from Law Offices of David A. Tilem.
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> --
>
> *************************
> Mark J. Markus
> Law Office of Mark J. Markus
> *_Mailing Address Only:_*
> 11684 Ventura Blvd. PMB #403
> Studio City, CA 91604-2652
> (818)509-1173 (818)332-1180 (fax)
> web: http://www.bklaw.com/
> Certified Bankruptcy Law Specialist--The State Bar of California
> Board of Legal Specialization
> This Firm is a Qualified Federal Debt Relief Agency
> ________________________________________________
> NOTICE: This Electronic Message contains information from the law
> office of Mark J. Markus that may be privileged. The information
> is intended for the use of the addressee only. If you are not the
> addressee, note that any disclosure, copy, distribution or use of
> the contents of this message is prohibited.
> IRS CIRCULAR 230 NOTICE: To ensure compliance with requirements
> imposed by the IRS, we inform you that any U.S. tax advice
> contained in this communication (or in any attachment) is not
> intended or written to be used, and cannot be used, for the
> purpose of (i) avoiding penalties under the Internal Revenue Code
> or (ii) promoting, marketing or recommending to another party any
> transaction or matter addressed in this communication.
>
>
>
>
*************************
Mark J. Markus
Law Office of Mark J. Markus
_*Mailing Address Only:*_
11684 Ventura Blvd. PMB #403
Studio City, CA 91604-2652
(818)509-1173 (818)332-1180 (fax)
web: http://www.bklaw.com/
Certified Bankruptcy Law Specialist--The State Bar of California
Board of Legal Specialization
This Firm is a Qualified Federal Debt Relief Agency
________________________________________________
NOTICE: This Electronic Message contains information from the law
office of Mark J. Markus that may be privileged. The information is
intended for the use of the addressee only. If you are not the
addressee, note that any disclosure, copy, distribution or use of
the contents of this message is prohibited.
IRS CIRCULAR 230 NOTICE: To ensure compliance with requirements
imposed by the IRS, we inform you that any U.S. tax advice contained
in this communication (or in any attachment) is not intended or
written to be used, and cannot be used, for the purpose of (i)
avoiding penalties under the Internal Revenue Code or (ii)
promoting, marketing or recommending to another party any
transaction or matter addressed in this communication.

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My recollection is that the unemployment insurance state agency recoups it
later if the debtor seeks further unemployment benefits.
On Tue, Jan 23, 2018 at 3:49 PM, David Tilem DavidTilem@TilemLaw.com
[cdcbaa] wrote:
>
>
> Thats what I though thanks.
>
>
>
> *David A. Tilem*
>
> *Certified Bankruptcy Specialist Since 1997*
>
> Law Offices of David A. Tilem
>
> 206 N. Jackson St., #201
>
>
> Glendale, CA 91206
>
>
> Tel: 818-507-6000 * Fax: 818-507-6800
>
>
> Toll Free: 888-BK PRO 4U (888-257-7648 )
>
> www.TilemLaw.com
>
>
>
> [image: square-facebook-24] [image:
> square-twitter-24] [image:
> square-linkedin-24]
> [image:
> square-google-plus-24]
>
>
>
>
> [image: cid:image005.png@01D0C939.A54B78D0] [image:
> cid:image006.png@01D0C939.A54B78D0] [image: SL]
>
> [image: AVVO]
>
> [image: av]
>
>
>
>
>
>
> The pages comprising this transmission may contain CONFIDENTIAL
> INFORMATION from Law Offices of David A. Tilem. This information is
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> transmission is prohibited. If you have received this transmission in
> error, please notify us by telephone immediately so we may arrange and
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>
>
>
> *From:* cdcbaa@yahoogroups.com [mailto:cdcbaa@yahoogroups.com]
> *Sent:* Tuesday, January 23, 2018 3:47 PM
> *To:* cdcbaa@yahoogroups.com
> *Subject:* Re: [cdcbaa] EDD Claim for Overpayment of Unemployment Benefits
>
>
>
>
>
> Dischargeable if not obtained through fraud.
>
>
>
> On 1/23/2018 3:30 PM, David Tilem DavidTilem@TilemLaw.com [cdcbaa] wrote:
>
> I know we have talked about this before, but I dont remember the answer.
> Dischargeable or not? Im thinking its dischargeable.
>
>
>
> *David A. Tilem*
>
> *Certified Bankruptcy Specialist Since 1997*
>
> Law Offices of David A. Tilem
>
> 206 N. Jackson St., #201
>
>
> Glendale, CA 91206
>
>
> Tel: 818-507-6000 * Fax: 818-507-6800
>
>
> Toll Free: 888-BK PRO 4U (888-257-7648 )
>
> www.TilemLaw.com
>
>
>
> [image: square-facebook-24] [image:
> square-twitter-24] [image:
> square-linkedin-24]
> [image:
> square-google-plus-24]
>
>
>
>
> [image: cid:image005.png@01D0C939.A54B78D0] [image:
> cid:image006.png@01D0C939.A54B78D0] [image: SL]
>
> [image: AVVO]
>
> [image: av]
>
>
>
>
>
>
> The pages comprising this transmission may contain CONFIDENTIAL
> INFORMATION from Law Offices of David A. Tilem. This information is
> intended solely for use by the individual or entity named as the recipient
> hereof. If you are not the intended recipient, be aware that any
> disclosure, copying, distribution, or use of the contents of this
> transmission is prohibited. If you have received this transmission in
> error, please notify us by telephone immediately so we may arrange and
> correct this transmission.
>
>
>
>
>
>
>
>
> Virus-free. www.avg.com
>
>
> --
>
> *************************
> Mark J. Markus
> Law Office of Mark J. Markus
> *Mailing Address Only:*
> 11684 Ventura Blvd
> . PMB
> #403
> Studio City, CA 91604-2652
> (818)509-1173 (818)332-1180 (fax)
> web: http://www.bklaw.com/
> Certified Bankruptcy Law Specialist--The State Bar of California Board of
> Legal Specialization
> This Firm is a Qualified Federal Debt Relief Agency
> ________________________________________________
> NOTICE: This Electronic Message contains information from the law office
> of Mark J. Markus that may be privileged. The information is intended for
> the use of the addressee only. If you are not the addressee, note that any
> disclosure, copy, distribution or use of the contents of this message is
> prohibited.
> IRS CIRCULAR 230 NOTICE: To ensure compliance with requirements imposed by
> the IRS, we inform you that any U.S. tax advice contained in this
> communication (or in any attachment) is not intended or written to be used,
> and cannot be used, for the purpose of (i) avoiding penalties under the
> Internal Revenue Code or (ii) promoting, marketing or recommending to
> another party any transaction or matter addressed in this communication.
>
>
>
WE DO NOT ACCEPT SERVICE BY EMAIL UNLESS WE HAVE AGREED TO ACCEPT IT IN
WRITING.
Giovanni Orantes, Esq.*
Orantes Law Firm, P.C.
3435 Wilshire Blvd. Suite 2920
Los Angeles, CA 90010
Tel: (213) 389-4362
Fax: (877) 789-5776
e-mail: go@gobklaw.com
website: www.gobklaw.com
**Certified Bankruptcy Specialist, State Bar of California, Board of Legal
Specialization*
*Board Certified - Business Bankruptcy Law - American Board of Certification
*Board Certified - Consumer Bankruptcy Law - American Board of Certification
Commercial Litigation
Estate Planning
Outside General Counsel
WE ARE A "DEBT RELIEF AGENCY" AS DEFINED BY FEDERAL LAW.
SERVING BAKERSFIELD, LOS ANGELES, ORANGE COUNTY, RIVERSIDE, SAN BERNARDINO
AND SANTA BARBARA AND THE WORLD FOR CHAPTER 11 AND 15 CASES.
Note: The information in this e-mail message is not intended to be legal
advice and should not be relied upon as legal advice unless counsel
expressly contracted in writing to provide such advice. Furthermore, the
information contained in this e-mail message is confidential information
intended only for the use of the individual or entity named. If the reader
of this message is not the intended recipient or an agent responsible for
delivering it to the intended recipient, you are hereby notified that any
dissemination, distribution or copy of this communication is strictly
prohibited. If you have received this communication in error, please
immediately notify us by telephone or e-mail and delete the original e-mail
My recollection is that the unemployment insurance state agency recoups it later if the debtor seeks further unemployment benefits.On Tue, Jan 23, 2018 at 3:49 PM, David Tilem DavidTilem@TilemLaw.com [cdcbaa]
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Dischargeable if not obtained through fraud.
On 1/23/2018 3:30 PM, David Tilem DavidTilem@TilemLaw.com [cdcbaa]
wrote:
>
>
> I know we have talked about this before, but I don’t remember the
> answer.  Dischargeable or not?  I’m thinking it’s dischargeable.
>
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I know we have talked about this before, but I don't remember the answer. Dischargeable or not? I'm thinking it's dischargeable.
David A. Tilem
Certified Bankruptcy Specialist Since 1997
Law Offices of David A. Tilem
206 N. Jackson St., #201
Glendale, CA 91206
Tel: 818-507-6000 * Fax: 818-507-6800
Toll Free: 888-BK PRO 4U (888-257-7648)
www.TilemLaw.com
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