My disability payor says I have to pay him back, can I discharge this debt in bankruptcy?

If a disability insurer wants five years worth of disability pay back, the only reason I could imagine is that you had defrauded that institution. If you were given disability in either by mistake or by a lie or by an act of omission you obtain this disability and they want you to pay back, this is considered fraud. Bankruptcy has only a few exceptions that cannot be discharged, but lawsuits due to you intentionally attempting to defraud someone or an institution cannot be discharged. Also if this was done to a government institution, and you defrauded them, you cannot discharge that in bankruptcy. Bankruptcy is meant for people who legitimately incurred debt and for some reason could no longer repay that debt in the future. The situation your discussing is someone with the intention of stealing or defrauding, got court and is forced to pay that back. What your talking about is a crime of fraud in such crimes are not dischargeable in bankruptcy. Even if it was a clerical error, the vast majority of these errors are known by the person receiving the money and they just keep their mouth shot hoping it's never court. But it's your responsibility, not the agencies, to catch this. And if they catch it, they will make you pay it back and it will be considered that you committed fraud. Anyway you slice it, you will have to pay that money back in bankruptcy will most likely not work. There may be some situations where the agencies simply does not go after the debt, that is completely plausible, but highly unlikely. I have responded to your inquiry according to the laws of Massachusetts, where my firm is located. Laws can vary significantly from state to state and cases tend to be rather fact-specific, so you are best served by consulting with a knowledgeable attorney in weighing your options. Email messages/Online Correspondence are akin to conversations and do not reflect the level of analysis applied to formal legal opinions. Email/Online responses do not form an attorney-client relationship.    Joseph F. Botelho, Esq. BOTELHO LAW GROUP Attorneys At Law http://fallriverbankruptcyattorney.com/ 901 Eastern Ave.  Unit 2 Fall River, MA 02723  Office:  888-269-0688 FAX:    877-475-8147 #bankruptcy  #lawyer  #FallRiver  #Chapter7  #chapter13  #debt  #debtsettlement  #foreclosure  #attorney   #cantpaybills  #lawsuit  #court  #bankruptcycourt  #eviction  #lostmyjob, #student, #loans, #education, #IRS, #taxes