Bankruptcy – Social Security – Setoff Recovery – Tax Refund

By Deborah Elkins
Published: December 1, 2008

A Roanoke U.S. Bankruptcy Court denies debtors’ request for recovery of a setoff by the U.S. Social Security Administration of debtors’ 2006 federal tax refund against money debtors owed SSA for overpayment of benefits from 2005 until 2004. Debtors assert their right to step into the trustee’s position under 11 U.S.C. § 547 and 11 U.S.C. ...

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