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cfortunato
cfortunato, Attorney
Category: Bankruptcy Law
Satisfied Customers: 8023
Experience:  Bankruptcy professor.
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I am out on medical leave. My insurance company approved paid

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I am out on medical leave. My insurance company approved paid leave then denied it to unpaid leave. My employer has sent me a letter of overpayment. I have no money to pay. I am currently in the process of a chapter 7 bankruptcy. Can I include this overpayment to protect from being sued or garnished and still make arrangments to pay them after the discharge?

cfortunato :

Hi - my name is XXXXX XXXXX I'm a Bankruptcy attorney here to assist you.

Customer:

Good morning

cfortunato :

Was the original payment approval based on any type of fraud or misrepresentation on your part?

Customer:

No not at all.They paid the leave while I was out. I didnt fill out any timesheets or anything for that payment. After AETNA denied paid leave,, my employer sent a letter stating I was overpaid and demand payment. Im still out on unpaid leave. I have no money

cfortunato :

Thank you for your response.

cfortunato :

If the overpayment was not your fault, then that amount can be included and discharged in a Bankruptcy.

Customer:

Thanks

cfortunato :

This means you can pay back the overpayment if you want, but your wages cannot be garnished.

cfortunato :

You're welcome!

Customer:

Thats what I want. I want to make a payment plan without being harmed. thanks again

cfortunato :

You're welcome again!

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