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Kimberly L. Hernandez, Ch. 13, BK12-40770-TJM (Feb. 15, 2013)

The court denied the debtor’s objection to the claim of the Nebraska Department of Health & Human Services regarding the overpayment of child support to the debtor while the debtor’s child was in foster care. The debtor argued that the money she received was not child support and therefore was not assigned to the department because the funds were garnished from someone falsely using the Social Security number of the child’s deceased father. However, the debtor waited too long to make that argument, as she should have challenged the state’s interpretation when she received notice of it in 2008.

Friday, February 15, 2013