Effective Dates: 03/23/2023 - Present Previous | Next

TN 47 (03-23)

GN 02215.226 Waiver Request Pending - Bankruptcy

A. Policy

If waiver of recovery has been requested but a decision has not yet been made and it is subsequently discovered the debtor has filed for bankruptcy, further action will depend on whether or not waiver can be approved.

B. Procedure

1. FO Receives Bankruptcy Petition

Regardless of the type of bankruptcy petition, if the FO receives the petition, proceed as follows:

a. FO Can Approve Waiver

  • •

    Process waiver request;

  • •

    Call the PC in accordance with GN 02215.190 and advise of the waiver determination, and

  • •

    Forward all material (including the claims folder if in FO) to PC.

  • •

    Fax all material to NDRed using Evidence Portal. Return the folder to PC if in the FO.

CAUTION: If it appears waiver approval may be possible but the claims folder is needed, do not request folder. Delay processing of waiver request in accordance with GN 02215.226B. below.

b. FO Cannot Approve Waiver

Delay processing waiver request and proceed as follows:

  • •

    Process bankruptcy petition in accordance with GN 02215.190, and

  • •

    Forward all material (including the claims folder if in FO, and the waiver request) to PC for action on the bankruptcy petition, and

  • •

    Alert PC to the unprocessed waiver request.

  • •

    Fax a copy of the material to NDRed or eDIB as appropriate.

2. PC Receives Bankruptcy Petition

If the PC receives the bankruptcy petition, call the FO and find out if the FO can approve waiver. If so, ask them to process in accordance with GN 02215.226B.1.a.

If FO cannot approve waiver, request all material be returned to PC (see GN 02215.226B.1.b.).

Process the bankruptcy petition in accordance with GN 02215.195.

REMINDER: If the Office of General Counsel (OGC) obtains an exception to bankruptcy discharge (GN 02215.196), review the files for an unprocessed waiver request and process in accordance with regular waiver procedures.

To Link to this section - Use this URL:
http://policy.ssa.gov/poms.nsf/lnx/0202215226
GN 02215.226 - Waiver Request Pending - Bankruptcy - 03/23/2023
Batch run: 03/23/2023
Rev:03/23/2023