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I have an outstanding dept of education student loan that is…

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I have an outstanding...

I have an outstanding dept of education student loan that is about 20 years old and being collected by an agency. Dep of Education is taking from my social security. Also I have not filed taxes for several years. The IRS is also now collecting from my social security benefits. Can I use bankruptcy to help?

Accountant's Assistant: What state are you in? And has anything been officially filed?

California.

Accountant's Assistant: Has anything been filed or reported?

Both are already taking from my ss. I've never even heard from the collection agency for the dept of education. I guess since they are taking money something must have been filed.

Accountant's Assistant: Anything else you want the lawyer to know before I connect you?

I don't think so. I'm mainly looking for relief from them taking from my social security.

Submitted: 10 months ago.Category: Tax
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Answered in 11 minutes by:
9/22/2017
Tax Professional: Lev, Tax Advisor replied 10 months ago
Lev
Lev, Tax Advisor
Category: Tax
Satisfied Customers: 33,319
Experience: Taxes, Immigration, Labor Relations
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First of all - you cannot appeal to Social Security for implementing garnishment orders. If you disagree with the garnishment, contact an attorney or representative where the court issued the order.

The SSA can withhold Social Security benefits to enforce some but not all of your legal obligation.

Specifically the law allows through the Federal Payment Levy Program to collect overdue federal taxes by levying up to 15 percent of each monthly payment until the debt is paid under Section 1024 of the Taxpayer Relief Act of 1997 (Public Law 105-34);

The law also allows to withhold and pay another federal agency for a non-tax debt you owe to that agency according to the Debt Collection Improvement Act of 1996 (Public Law 104-134).

.

You may file for bankruptcy protection - that is not an issue.

You may even include into your case some tax debts, but not student loan debt.

.

ONLY if the tax debt meets all five of these rules, then the tax debt is discharged in bankruptcy petitions.
-The due date for filing a tax return is at least three years ago.
-The tax return was filed at least two years ago.
-The tax assessment is at least 240 days old.
-The tax return was not fraudulent.
-The taxpayer is not guilty of tax evasion.

Sorry for your situation.

Let me know if any clarification needed.

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