Absecon, NJ asked in Bankruptcy and Social Security for New Jersey

Q: In New Jersey, will I be able to keep stimulus check 2020? I'm disabled on SSI and SSD and will be filing chapter 7.

I'm in the process of starting Chapter 7 and will be receiving help from nonprofit organization that provides legal services to low income individuals. I was assigned a lawyer but because of COVID-19 was not able to meet and give the packet of information they sent me to him. Another question...Does this mean I've started or when it is filed with the court is that when the bankruptcy is started?

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4 Lawyer Answers
Leonard R. Boyer
Leonard R. Boyer
Answered
  • Bankruptcy Lawyer
  • Clifton, NJ
  • Licensed in New Jersey

A: No one here can provide a precise answer to your questions, and despite the COVID-19 pandemic you can still send your bankruptcy information packet to the attorney. Your bankruptcy cannot start until your attorney files the petition with the Court, which can be done electronically. Since you have an attorney, any future questions should be directed to your attorney.

Stuart Nachbar and David Luther Woodward agree with this answer

Karra Kingston
Karra Kingston
Answered
  • Bankruptcy Lawyer
  • Staten Island , NY

A: Hello, you should contact and hire a bankruptcy lawyer to help you, you will have to go to court in the future and it’s usually better to have a bankruptcy lawyer with you to go to court.

David Luther Woodward and Stuart Nachbar agree with this answer

Michael David Siegel
Michael David Siegel
Answered
  • Bankruptcy Lawyer
  • New York, NY
  • Licensed in New Jersey

A: Bankruptcy starts when you file. Based on your income, your stimulus check should be exempt, even if you do not spend it.

Stuart Nachbar and David Luther Woodward agree with this answer

1 user found this answer helpful

Stuart Nachbar
Stuart Nachbar
PREMIUM
Answered
  • Bankruptcy Lawyer
  • Livingston, NJ
  • Licensed in New Jersey

A: As a bankruptcy attorney I can tell you this, your stimulus check in a chapter 7 according to the Cares act and stimulus act is not considered income for the means test under chapter 7. Further being that you have engaged counsel, meaning you have signed a retainer with him, we recommend that you direct all of your free. Your bankruptcy does not start, meaning the automatic stay and other provisions of the bankruptcy code do not go into effect, until you have filed the bankruptcy. You know that you have filed the bankruptcy when you have a case number. Hope this helps

Derek John Soltis agrees with this answer

1 user found this answer helpful

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