Can I do a chapter 7 to prevent them from taking the only income I would have to live on until I find suitable employment? 3 Answers as of February 02, 2012

I lost my job in Nov'11 (company bankrupt) Filed for my unemployment, Find out I'm being penalized (15 weeks) Can't afford to pay my rent, got 3-Day notice, still no money, got a UD (unlawful detained) court, being evicted, currently awaiting for 5-Day notice from sheriff, got letter from EDD overpayment (ok) called to make payment plan (25%) off weekly benefits, they said they keeping 100% of weekly benefits. According to them I owe ($10,473) I'm shocked, I'm already in hardship but they don't care. Plus I'm about to be homeless.

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Philip R. Boardman, Attorney at Law
Philip R. Boardman, Attorney at Law | Phil Boardman
You should probably file asap. As long as there is no fraud, the unemployment over payments will be dischargeable in bankruptcy.
Answer Applies to: Virginia
Replied: 2/2/2012
Janet A. Lawson Bankruptcy Attorney
Janet A. Lawson Bankruptcy Attorney | Janet Lawson
That EDD debt is dischargeable. You could file bankruptcy now and get full benefits. Get a sharp lawyer.
Answer Applies to: California
Replied: 2/1/2012
Diefer Law Group, P.C.
Diefer Law Group, P.C. | Abel Fernandez
Yes, you are able to file for bankruptcy and protect your income. You have to file your case and give notice to all of your creditors and if there is an existing garnishment you have to notify the sheriff department or the officer doing the levy as well as your payroll department.
Answer Applies to: California
Replied: 1/31/2012
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