bankruptcy income tax return

Veteran’s Education Benefits and Bankruptcy?
Hello…
I filed for Chapted 7 in April of 2004, it was discharged in October 2004. My husband used to receive Education Benefits from the VA. They had made a mistake and overpaid him. The ammount was discharged under our Chapter 7. However, the VA has garnished our income tax return, and says that we still owe it. Can anyone out there shed some light on this? I know that student loans can’t be discharged, but this was a benefit he received, not a loan…
The debt to the VA was not discharged because it is a debt owed to a government agency which might be less than 3 years old. See section 507(a)(8) of the Bankruptcy Code. So the reason it is non-dischargeable is that it is owed to the government, not because it is a student loan.
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