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Ask Law Educator, Esq. Your Own Question
Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Bankruptcy Law
Satisfied Customers: 111568
Experience:  Attorney At Law handling education matters.
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I am a bankruptcy under chapter 13 which is repayment as i

Customer Question

i am a bankruptcy under chapter 13 which is repayment as i understand however i i was laid off my job in good standing as i was approved for my benefits i was told by letter and by phone IDES stated they just will not pay out until i have save 26 weeks of penalty and recoupment amount why am i being punish twice already making my chapter 13 payments i have appeal this metter twice to to hardship no income i have not fround work as of yet i am down to 4 weeks left but still looking for work and certifing as i was told to do thank seeking help.
Submitted: 9 months ago.
Category: Bankruptcy Law
Expert:  Law Educator, Esq. replied 9 months ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
If you owe IDES money for benefits that they paid previously and you should not have received, then repayment of those benefits is not punishment, the punishment is the penalty weeks you have to serve on top of the money you have to repay. I am afraid that if the appeals board has denied you, the only one who can waive the penalty is the Director of IDES and your final option is writing a letter to the Director of IDES and ask them based on the significant financial hardship to agree to waive or reduce the penalty weeks, but I am afraid that the director's decision is final and the court cannot overturn it since the penalty on top of recoupment is mandated by the state law.