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
A: Yes
1 user found this answer helpful
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!
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.
