TN 23 (02-08)

GN 02215.227 Bankruptcy Petition Pending — Subsequent Debt - PC Procedure

A. Policy

If a new debt is identified and a bankruptcy petition for a prior debt(s) is pending, recovery of the new debt is appropriate if the debt is post-petition -- that is, the payments comprising the debt occur after the bankruptcy petition was filed. Recovery is appropriate whether or not SSA filed a Proof of Claim on the prior debt(s).

B. Procedure

Send an overpayment notice for the new debt and follow normal recovery procedures.

Notify the RCC, via memorandum, of the new debt.

  • Indicate whether or not a Proof of Claim was filed for the prior debt(s).

  • If a Proof of Claim was not filed, explain the reason for not filing.

  • Attach a copy of the new overpayment notice to the memorandum.


To Link to this section - Use this URL:
http://policy.ssa.gov/poms.nsf/lnx/0202215227
GN 02215.227 - Bankruptcy Petition Pending -- Subsequent Debt - PC Procedure - 02/19/2008
Batch run: 01/27/2009
Rev:02/19/2008