Q: Will the trustee allow me to keep my Recovery Rebate Credit from my Economic Impact Payment ?
If the economic impact payments (stimulus checks) were not taken by the chapter 13 trustees then why would the recovery rebate be taken. The recovery rebate is provided on the federal tax return for people who didn’t receive the full correct amount of their stimulus checks (economic impact payment).
Thanks for your help.
A: Most jurisdictions are allowing debtors to keep the RRC. Your bankruptcy attorney will know about your district for sure.
A: Refunds founded in recovery rebates are not being seized in the Poughkeepsie division of the Southern District of New York, where I practice. The provisions of 11 USC 541(b)(11) make it clear that recovery rebates are not property of the bankruptcy estate.
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.
