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Questions Answered by Michael O'Leary
2 Answers | Asked in Bankruptcy for New York on
Q: Will the trustee allow me to keep my Recovery Rebate Credit from my Economic Impact Payment ?

If the economic impact payments (stimulus checks) were not taken by the chapter 13 trustees then why would the recovery rebate be taken. The recovery rebate is provided on the federal tax return for people who didn’t receive the full correct amount of their stimulus checks (economic impact... Read more »

Michael O'Leary
Michael O'Leary
answered on Feb 28, 2022

Refunds founded in recovery rebates are not being seized in the Poughkeepsie division of the Southern District of New York, where I practice. The provisions of 11 USC 541(b)(11) make it clear that recovery rebates are not property of the bankruptcy estate.

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