Can the trustee seize money that I received after I filed?
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Whether the trustee can take money you receive after filing your case depends on whether you were entitled to the money at the time your case was filed and how it was listed on your forms, if at all.
Written by Jonathan Petts.
Updated July 30, 2020
That depends on four things:
Whether the funds were an unexpected gift,
When you became entitled to receive those funds if they were not a gift,
Whether you reported them on your bankruptcy filing,
And whether you have remaining exemptions that can cover the funds.
If you received the funds as an unexpected gift, they are yours to keep.
If you became entitled to receive the funds after you filed (ie. - wages you earned after filing), they are yours to keep. Keep in mind, your first paycheck after filing may include wages you earned before your filing date, depending on your pay periods.
If you became entitled to receive the funds before you filed and you reported them on your bankruptcy forms, you will be able to keep any portion of them that is covered by a bankruptcy exemption. The trustee can seize the rest.
If you became entitled to receive the funds before you filed and you DID NOT report them on your bankruptcy forms, the trustee can seize all of the funds.
