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JoeLawyer, Attorney
Category: Bankruptcy Law
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Experience:  Attorney in the practice of Bankruptcy Law since 1996
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State of Texas My sister and brother-in-law filed bankruptcy

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State of Texas: My sister and brother-in-law filed bankruptcy a few years ago. The Ch. 7 is open for potential asset recovery due to lawuit/auto wreck in which my sister was seriously injured. In the meantime, she filed for disability and received backpay of a little over $13,000. Are these funds exempt from the Bankruptcy, Ch. 7?
Submitted: 7 years ago.
Category: Bankruptcy Law
Expert:  JoeLawyer replied 7 years ago.

I assume you are talking about Social Security Disability and not some private disability insurance...

Social Security Disability is not considered an asset of the Bankruptcy Estate since it is exempt.

You can see what property is safe in Texas by going here, which also includes the federal supplemental exemptions, which you can view here. As you can see on the federal supplemental exemptions, Social Security is safe from being taken by the Bankruptcy Court.

I hope this helps and a positive feedback is always appreciated if this was useful to you.

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