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In re Hodges, 05 B 46676

In re Hodges, 05-46676
Issued: February 28, 2007
Judge: Jacqueline P. Cox

Chapter 13 Debtor brought claim objection against Social Security Administration (“SSA”) for the agency’s post-confirmation attempt to collect disability benefit overpayment, alleging that the demand for payment was unsubstantiated and in violation of the automatic stay. SSA countered that Bankruptcy Court lacked subject matter jurisdiction pursuant to 42 U.S.C. 405(h), which forces debtors to exhaust administrative remedies prior to moving in the district courts. Court held that 405(h) extended specifically to the bankruptcy courts.

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