after filing a chapter 7 discharge I realized my biological father put his social security benefits under my name. the SSA is now wanting me to pay the over payment. the question is: is it covered under my bankruptcy or not?
I would take the position that if the overpayment was made prior to you filing your chapter 7 case, that it is included in your bankruptcy and was discharged (assuming you listed the SSA as a creditor). Depending on where your case was filed, even if you didn't list them, if your Chapter 7 had no assets distributed by the Trustee, you still should have been discharged from the debt.
You should consult with a bankruptcy attorney in your area for more details.
Mark Markus has been practicing exclusively bankruptcy law in California since 1991. He is a Certified Specialist in Bankruptcy Law by the State Bar of California Board of Legal Specialization, AV-Rated by martindale.com, and A+ rated by the Better Business Bureau. CONTACT MARK for more information or to schedule an appointment.
Consumers can use this platform to pose legal questions to real lawyers and receive free insights.
Participating legal professionals get the opportunity to speak directly with people who may need their services, as well as enhance their standing in the Lawyers.com community.