Aspermont, TX asked in Bankruptcy for Texas

Q: If I am in a Chapter 13 bankruptcy, filed in April of 2016, will I be able to keep my Covid-19 stimulus check?

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

A: Yes, if you meet all the other requirements.

Mr. Chad Van Horn
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Mr. Chad Van Horn
Answered
  • Bankruptcy Lawyer
  • Fort Lauderdale, FL

A: Yes. The Chapter 13 Trustees are not looking to intercept this money. Good luck!

Mr. J. Thomas Black
Mr. J. Thomas Black
Answered
  • Bankruptcy Lawyer
  • Licensed in Texas

A: The law does not explicitly say that the stimulus payments are exempt, but it is believed by some that was an oversight and will be corrected in a subsequent bill. The stimulus payments are NOT to be considered in computing disposable income in chapter 13 cases, for one thing. In a seminar put on by some bankruptcy judges in Houston, Texas they concurred that they would not object to debtors spending the money for living expenses if needed, as that is what the payments were designed for.

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