I have section 8 and I owe them money for unreported income. I filed bankruptcy do I still have to pay the Housing Authority?

Section 8 Housing 4 views 4 answers
I owe the Housing Authority because I received more income and didn't report it and should of been paying more of my rent. Which resulted in me having to pay that money back and having an overpayment with them. So I have filed bankruptcy because of a lot of debt. I sent the HA the copy but they are saying debts owed to a Housing Authority will not be discharged and I still owe the money. Is this true?

Attorney Answers

4
Mengjun Qiu ·
It depends and you should speak with a bankruptcy attorney in your area immediately. Debt resulting from fraud is not dischargeable in bankruptcy. If you made more money than you claimed and as a result you owe the housing authority back payment, in some states it would constitute fraud. In the event that you file for bankruptcy, the housing authority may open an adversary proceeding against you and claim that the back payment is not dischargeable because of fraud. However, whether the housing authority will claim fraud against you is not something that you will find out until you actually file for bankruptcy. In any case you need to speak with an attorney immediately.
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Dorothy Bunce ·
Typically debts of this nature will be eliminated in Chapter 7 unless the creditor files suit in bankruptcy court under 11 USC sec 523. Since you are representing yourself in bankruptcy, the uneducated staff working at the government are likely to provide you with misinformation about your bankruptcy. So never rely on a creditor to give you legal advise. Should the creditor fail to sue you during the bankruptcy and continue to attempt to collect once the bankruptcy is over, you may have a basis for a lawsuit against them for damages. Hope this perspective helps!
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William Popovich ·
Fraud does not get rewarded by allowing it to be discharged in bankruptcy. Repayment is the least of your issues, avoiding being charged with a crime is the most important.
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Richard Granvold ·
If you are sued for fraud inside bankruptcy and they prevail or you settle it then, then not discharged..but otherwise it will be . Some persons don't understand or make mistakes. But even if fraud, they have to file a claim against you in bankruptcy court. YOU have the duty to list all debts including them. But filing involves other issues also as follows. You need and want to enjoy your fresh start also. But the most important thing is to meet with an attorney as you asking this question means you have not. You care about 2 goals: keeping everything you have equity in and discharging all your debts. If you don't have any of the exceptions to discharge you will obtain that goal; most exceptions are set forth in 11 USC. 523 (Google it) like child support, some income taxes, traffic (in a ch 7) and criminal fines , and presumption of student loans. But some debts are dischargeable in a ch 13 but NOT in a ch 7 so you want to make sure and your attorney will discuss any such types with you also! Your exemptions depend on what state you have lived in in the last 2 years and thus if in your state, then your states exemptions will apply. Most persons filing keep everything they own but your attorney will confirm that with you when they learn everything you own and the equity thereof! Some secured debts like homes, vehicles, other secured debts an attorney will discuss your options on also as you must list any debts; but that does not mean you will lose them unless you have too much equity or are in default on paying for them! Discuss those options if they apply with your attorney too. But other issues can arise that can greatly harm your case. Just one example: If you paid back a relative $3,000 11 months ago and now file bankruptcy next week, the trustee can SUE that relative to retrieve that $3,000 (under what is called a preference) for the benefit of the bankruptcy estate. As a result, most attorneys don't charge to meet with them the first meeting so meet with one no matter what. Many great attorneys can be found right here on in your state so look, call, and meet one as soon as you can. You should also want to know when to file: is there an advantage of waiting versus filing now and who should you pay between now and then! Good luck and enjoy your later fresh start.
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