Huntley, IL asked in Bankruptcy for Illinois

Q: I have already filed chapter 7 will I get to keep the stimulus check?

There is so much information out there that is very confusing. I filed on March 31st. From what I have read it can't be taken to pay creditors which is ultimately the job of the bankruptcy trustee

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

A: Yes

1 user found this answer helpful

Diana Valle
Diana Valle
Answered
  • Bankruptcy Lawyer
  • Bethesda, MD

A: I am licensed in Maryland, but since bankruptcy is federal law I can answer that once you file for bankruptcy all of your assets at that moment go into the bankruptcy estate unless they are exempt. I can't imagine that the trustee would try to go after your stimulus check. The only way that could happen is if you had no exemptions left to protect that check and the trustee argued that you had a right to that stimulus payment before filing for bankruptcy, depending on when that law was signed on March 27, 2020, since you filed on March 31, 2020. Speak to your local Illinois attorney to find out!

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