Chicago, IL asked in Bankruptcy for Tennessee

Q: I am in chapter 13 bankruptcy will I get back my stimulus check or will my trustee get it

I've been in chapter 13 bankruptcy for almost 2 years now

Related Topics:
2 Lawyer Answers
Oliver L Cisowski
Oliver L Cisowski
Answered
  • Bankruptcy Lawyer
  • Elizabethton, TN
  • Licensed in Tennessee

A: Unlike tax refunds, the trustee does not file a motion to intercept any other type of money coming from the treasury. So it will come to you.

There has been recent policy from the DoJ and local trustees in Tennessee that pretty explicitly state that debtors in an open Chapter 13 case will be able to keep their stimulus check.

1 user found this answer helpful

Timothy Denison
Timothy Denison
Answered
  • Bankruptcy Lawyer
  • Louisville, KY

A: You should be able to keep it.

1 user found this answer helpful

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.