Chicago, IL asked in Bankruptcy for Illinois

Q: I filed bankruptcy on my own on March 29th. Now since the cares act passed on March 27th I was told no stimulus for me.

It was a chapter 7. I see the provision for chapter 13 where it says the stimulus would go to the debtor but is there something for chapter 7 as well. stimulus is considered to be part of my bankruptcy estate. So I'm reading it can be taken by the trustee to satisfy creditor debts. My question is will I get to keep the stimulus and why? I'm very confused because when I filed I had 3100 in my checking account which is protected by the Illinois wild card exemption. I have my 341 meeting in May and just want to know how it can be protected from the trustee if possible. Or will she even try to take it? Is there a provision under the cares act that I can cite that will help me to keep it? Please explain it in the simplest terms possible I really would appreciate it. I owe about 40k in unsecured credit card debt so divided among 13 creditors plus the trustees take it wouldn't be much. My stimulus would be 1700 I also read 500 of it ultimately would be safe because it is a child tax credit.

Related Topics:
1 Lawyer Answer
Timothy Denison
Timothy Denison
Answered
  • Bankruptcy Lawyer
  • Louisville, KY

A: See my previous answer.

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.