Central District Consumer Bankruptcy Attorney's Association

I recall a conversation about overpay before. Do a search in your email. If I get a chance tomorrow, I will let you know what I find.
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On Mar 7, 2013, at 3:50 PM, "Hale Andrew Antico" wrote:
> Debtor was separated from military and his final check came. It was much bigger than he expected. One year later, Dept of Defense came looking for the overpayment of about $8000. The money wasn't a signing bonus or other conditions-based compensation.
>
> Is it dischargeable?
>
> Applicable law appears to be 37 USC 303a(e)
> http://www.law.cornell.edu/uscode/text/37/303a
>
> Summing up the relevant parts:
>
> (3) sounds like this only applies to conditions-based or bonus money.
> (4) nondischargeable unless 5 yrs have elapsed
>
> Experience with something similar? Is there another statute or case that is more on point?
> Otherwise, it seems to be like EDD overpayment and thus, dischargeable.
>
> Thoughts?
> Hale
>

The post was migrated from Yahoo.

charset="US-ASCII"
Debtor was separated from military and his final check came. It was much
bigger than he expected. One year later, Dept of Defense came looking for
the overpayment of about $8000. The money wasn't a signing bonus or other
conditions-based compensation.

Is it dischargeable?

Applicable law appears to be 37 USC 303a(e)
http://www.law.cornell.edu/uscode/text/37/303a

Summing up the relevant parts:

(3) sounds like this only applies to conditions-based or bonus money.
(4) nondischargeable unless 5 yrs have elapsed

Experience with something similar? Is there another statute or case that is
more on point?
Otherwise, it seems to be like EDD overpayment and thus, dischargeable.

Thoughts?
Hale
charset="US-ASCII"
Debtor was separated
from military and his final check came. It was much bigger than he expected. One
year later, Dept of Defense came looking for the overpayment of about
$8000. The money wasn't a signing bonus or other conditions-based
compensation.

Is it
dischargeable?

Applicable law
appears to be 37 USC 303a(e)

The post was migrated from Yahoo.