Quantcast
Home / Opinion Digests / Bankruptcy / Bankruptcy – Set-off – Social Security – Overpayment – Retroactive Benefits Interception – Improvement of Position (access required)

Bankruptcy – Set-off – Social Security – Overpayment – Retroactive Benefits Interception – Improvement of Position (access required)

In re Goodman Less than 90 days before the debtor filed her bankruptcy petition, the Social Security Administration intercepted retroactive benefits which had been awarded to the debtor. Although the SSA did this to set off a pre-existing overpayment to the debtor, the set-off impermissibly improved the SSA’s position within 90 days before the filing of the bankruptcy petition. 11 U.S.C. § 553(b).

Leave a Reply

Your email address will not be published. Required fields are marked *

*