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Bankruptcy and Stimulus package.?

Assuming a bankruptcy petition was filed prior to the signing of the stimulus package. Should the stimulus package be considered an asset of the estate and be subject to seizure by the trustee?

Update:

The trustee submitted a motion to seize my federal, state, and stimulus package refund because it is totally just over $1000. My lawyer objected the motion, and the issue is getting ready to go into litigation. Any answers on how you think the outcome will be would be helpful.

Update 2:

Nun Y - The amount is $600, and the lawyer's pre and post filing fees have already been paid. Therefore, if I win I keep all the money. If the trustee wins he gets everything. I'm just wanting a general idea of what I should expect. Professional answers only please.

2 Answers

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  • awftx
    Lv 6
    1 decade ago
    Favourite answer

    Unfortunately, I think they will allow the seizure because the bankruptcy has not been closed. I am thinking in line with allowable property or property exceptions of a bankruptcy, in shch they list exactly what your allow to keep, anything above that is considered a asset which can be sold and the funds applied to the debt... I hope I am just full of crap for your sake and your allowed to keep it......

  • Anonymous
    1 decade ago

    we are talking about 300 dollars here ....you get to keep a hundred, your lawyer gets a hundred to argue that the trustee isn't entitled to it and the trustee wins and gets a hundred anyway. you have a lawyer yet you whine in this forum. that's why you are in bankruptcy!!!!!!!

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