EDD took money after bankruptcy discharge - can I get my overpayment funds back?

Whoa, this is a tricky situation! I went through Chapter 7 last year but didn't have any EDD issues. From what I understand, you're right that normally fraud-related overpayments aren't dischargeable, but if EDD didn't object during your bankruptcy proceedings, that might change things. Did your bankruptcy attorney mention anything specific about the EDD debt?

I work in legal assistance (not a lawyer though) and have seen similar cases. Based on my experience, you're in a potentially strong position. When a creditor receives proper notice of bankruptcy and fails to object to the discharge of a debt that would normally be non-dischargeable (like fraud-related overpayments), courts have sometimes ruled in favor of the debtor. The technical term is "discharge by procedural default." Your appeal should focus on: 1. Evidence that EDD was properly listed as a creditor 2. Proof they received notification of the bankruptcy 3. Documentation showing they didn't object during the proceedings 4. A copy of your discharge papers EDD should return the money if your appeal clearly demonstrates these points. The recoupment after discharge could potentially be viewed as a violation of the discharge injunction.

EDD doesnt care about your bankruptcy!! They took my cousins tax refund even after bankruptcy discharge. said unemployment fraud is special category. good luck!!

Have you tried calling them directly? Sometimes the appeal process takes FOREVER but talking to an actual person might help. I had an overpayment issue (not bankruptcy related) and was going in circles with paperwork until I finally got someone on the phone who fixed it in like 10 minutes.

I helped my brother with something similar last year. If you're having trouble getting through to EDD on the phone, try using Claimyr. It's a service that basically calls EDD for you and then connects you once they get through to a representative. Saved us hours of frustration! Their website is claimyr.com and they have a video showing how it works: https://youtu.be/JmuwXR7HA10?si=TSwYbu_GOwYzt9km For a complex legal situation like yours, you definitely need to speak with someone in their legal or overpayment department. Make sure to have your bankruptcy case number, discharge date, and any documentation showing EDD was properly notified ready when you call.

wait im confused. how can they even label it fraud in the first place? did u miss reporting income or something? most ppl dont get fraud determinations unless they did something wrong no offense

I faced a somewhat similar situation with an EDD overpayment that was included in my bankruptcy, though mine wasn't classified as fraud. Here's my experience: after my discharge, EDD initially tried to collect anyway. I had to send them my discharge paperwork THREE SEPARATE TIMES before they updated their system. The bureaucracy there is unbelievable! My advice: be persistent, document EVERYTHING, send all communication certified mail with return receipt, and call regularly for status updates. It took me about 2 months to get it resolved and another month to get my money back. Also, file a formal complaint with the bankruptcy court if they keep attempting collection after being notified of the discharge - sometimes that's the only thing that gets their attention.

Keep us updated on what happens!! This could help a lot of people in similar situations.

This is such a fascinating case from a legal perspective! I'm actually a paralegal who works with bankruptcy cases, and what you're describing sounds like a textbook example of discharge by procedural default. The fact that EDD recouped money AFTER your discharge date is particularly significant - that could potentially be viewed as a violation of the automatic stay provisions. A few thoughts: 1) Document the exact dates of everything - your discharge date, when EDD took the money, when they were notified, etc. 2) Consider reaching out to your bankruptcy attorney again, as this might warrant filing a motion for contempt against EDD for violating the discharge injunction. 3) If EDD's internal appeals process doesn't work, you might need to go back to bankruptcy court. I've seen cases where government agencies had to pay attorney fees and damages for post-discharge collection attempts. Don't let them intimidate you - the law is likely on your side here!