Can my EDD be discharged on a Bankruptcy? 3 Answers as of June 27, 2011

I have a EDD debt of about 13000.00. Can I file bankruptcy on that?

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Janet A. Lawson Bankruptcy Attorney
Janet A. Lawson Bankruptcy Attorney | Janet Lawson
Yes... As long it was a simple overpayment. If they claim you committed fraud to receive the payments - that is another issue. They would have to prove fraud to get a determination that the debt is not dischargeable.
Answer Applies to: California
Replied: 6/27/2011
The Law Office of Mark J. Markus
The Law Office of Mark J. Markus | Mark Markus
Assuming this a sales tax debt and in California, this depends on a number of factors and there is a case on appeal in the 9th circuit on this very issue. Assuming this is in California, my opinion is that sales tax debt is dischargeable if the taxes were due more than 3 years before the bankruptcy case was filed, that the required returns were filed more than 2 years prior, and that the taxes have been assessed more than about a year before the case is filed. There are other requirements, but that is the basic idea. However, this could be changed shortly based on an appellate court ruling.
Answer Applies to: California
Replied: 6/27/2011
Ursula G. Barrios Law
Ursula G. Barrios Law | Guillermo Machado
If established as a tax, possibly under an exception.
Answer Applies to: California
Replied: 6/27/2011
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