Q: I’m in chapter 13 bankruptcy in Georgia. Will the trustee be able to seize my stimulus check?
My case was confirmed in 2019 and my attorney couldn’t give a solid answer on this. From my research it looks like it exempt from being taken like your tax returns. Please someone help because I’m not sure what to do once I get the deposit
A: From what I understand, the Northern District Chapter 13 Trustees will not be seeking stimulus checks.
Tim Akpinar agrees with this answer
A:
Good afternoon. The CARES Act amended the Bankruptcy Code to exclude the payments from the definition of "current monthly income." This means that the stimulus payments will likely be treated the same as Social Security or VA Disability benefits, and exempt from being seized by Trustees.
Wishing you all the best,
Jeff Narmore
Tim Akpinar and David Luther Woodward agree with this answer
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