Overpayment of Unemployment and Bankruptcy EDD and Bankrputcy

February 15, 2015 | by Christopher Hewitt

You can put overpayments of EDD or Unemployment in to a chapter 7 bankruptcy and discharge the debt. EDD overpayments happen when people are collecting unemployment when possibly working or other issues that allow the EDD to come after you. They can garnish wages to recoup the overpayment. These overpayments by the EDD are absolutely dischargeable in Chapter 7 bankruptcy. If you make too much money to file chapter 7 bankruptcy 50k for an individual, 63k if you are married, then you can discharge them in a chapter 13 bankruptcy as well.

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How does debt consolidation affect credit scores?

Initially, it might cause a slight dip due to credit inquiries. However, consistent payments can improve your credit score over time.

What is the difference between debt consolidation and debt settlement?

Debt consolidation involves taking a new loan to pay off debts, while debt settlement is negotiating to pay less than you owe. Settlement can negatively impact your credit score.

What are secured vs. unsecured debt consolidation loans?

Secured loans require collateral (like a house or car), usually with lower interest rates. Unsecured loans don't require collateral but typically have higher rates.

Is debt consolidation right for me?

It depends on your total debt, interest rates, credit score, and payment capability. It's suitable if you can pay off your debt within five years and secure a lower interest rate than your current debts.

Should I consider long-term financial planning?

Yes, debt consolidation should be part of a broader financial strategy including budgeting, cutting expenses, and building an emergency fund.

How do Chapter 7 and Chapter 13 bankruptcies in California differ?

Chapter 7 involves liquidating assets to pay off debts, while Chapter 13 allows debt restructuring over a set period, usually three to five years.

Can my spouse's bank account be garnished for my debt?

Bankruptcy laws offer protections against such actions, but specifics depend on individual cases and state laws.

How can I learn more about my options?

Consulting a California bankruptcy attorney can provide clarity. Firms like The Law Offices of Christopher Hewitt offer free consultations to explore debt relief paths.