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How do I find out if I have a Treasury Offset?

Writer Mia Horton

To determine whether an offset will occur on a debt owed (other than federal tax), contact BFS’s TOP call center at 800-304-3107 (866-297-0517 for TTY/TDD help).

What does it mean to offset a debt?

If they don’t pay the debt on time, it becomes overdue (delinquent). (Holding back money from a payment is call “offsetting the payment” or “administrative offset.”) For example, if you have a delinquent debt for a federal loan, TOP can reduce your federal tax refund or social security benefit payment to pay that debt.

Can an offset be reversed?

If the tax refund offset has already been applied, the taxpayer cannot reverse the offset. The only exception for the reversal lies with a clerical error from the side of the IRS, but that usually translates to a lower tax refund and not the original amount.

Can you stop an offset?

You can contact the Treasury Offset Program at 800-304-3107 for more information. Avoiding or reversing a tax offset after you’ve been put on notice may not be an easy process, and there is no guarantee you will be successful in your efforts. But if you believe you have a good case, you should try.

Is the general discharge of debt a list?

Unfortunately, the general discharge order does not include a list of the debts that are actually discharged. This can be frustrating for both the debtor and the creditors.

When does a creditor challenge the discharge of a debt?

A creditor files a lawsuit, called an adversary proceeding, in the case to challenge the dischargeability of a particular debt, which results in a decision by the bankruptcy judge that the debt is not discharged. The debtor reaffirms the debt.

Can a debtor receive a copy of a discharge?

The discharge does not list out each one of your creditors individually – it applies to them all across the board and is limited only by the non-dischargeability provisions in the Bankruptcy Code. This means that even creditors who cannot be discharged (such as student loans or some tax debts) will receive a copy of the discharge.

Can a debtor be denied a general discharge?

The debtor is denied a general discharge. This all begs the question of which debts were actually discharged in a given case. That depends on the type of debt, and in some cases, it depends on whether the creditor or the debtor took action during the case to ask the bankruptcy judge to declare the debt non-dischargeable.