Overpayment of benefits- take 2
Posted: Tue Feb 02, 2010 11:30 am
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]
>
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