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Can the trustee seize money that I received after I filed?

1 minute read Upsolve is a nonprofit that helps you get out of debt with education and free debt relief tools, like our bankruptcy filing tool. Think TurboTax for bankruptcy. Get free education, customer support, and community. Featured in Forbes 4x and funded by institutions like Harvard University so we'll never ask you for a credit card.  Explore our free tool


In a Nutshell

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:

  1. Whether the funds were an unexpected gift,

  2. When you became entitled to receive those funds if they were not a gift,

  3. Whether you reported them on your bankruptcy filing, 

  4. 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.



Written By:

Jonathan Petts

LinkedIn

Jonathan Petts has over 10 years of experience in bankruptcy and is co-founder and CEO of Upsolve. Attorney Petts has an LLM in Bankruptcy from St. John's University, clerked for two federal bankruptcy judges, and worked at two top New York City law firms specializing in bankrupt... read more about Jonathan Petts

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