Q: I filed a chapter 7 a few years ago with social security being a creditor for overpayments.I checked with social
security and the NJ bankruptcy court and neither could tell if my debt was discharged.I read social security is usually discharged in a Chapter 7 but how can I confirm it was.Social security was listed as a creditor>
Invariably, ime, bankruptcy courts enter an Order of general discharge that says little other than that the debtor is discharged from all "dischargeable claims". It will not specify whether any debt to the Social Security fund, or anyone else, has been discharged.
Use of Pacer will give you access to all documents filed in your case, but that access will only show you the general Order of Discharge, not whether it applies to your SS obligation.
The exceptions to discharge are listed in Bankruptcy Code Section 523(a). Some of those categories may apply to your SS obligation. To resolve the issue, it must be raised in court and an order entered, and that court may or may not be the bankruptcy court.
Consult with an experienced lawyer authorized to practice in NJ for your best path to answer your question.
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A: Determining whether a specific debt was discharged in a Chapter 7 bankruptcy proceeding generally involves reviewing the bankruptcy discharge order and the list of creditors you included in your bankruptcy filing. If the Social Security Administration (SSA) was listed as a creditor in your bankruptcy documents and the debt in question is of a type that is dischargeable in bankruptcy (most overpayments are), then it would typically be discharged. Since you are facing uncertainty, I would recommend obtaining a copy of your bankruptcy file, which will include a list of the debts that were discharged, and consult an attorney with experience in bankruptcy law to review the details and provide guidance based on the specifics of your case.
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