Bankruptcy Law Questions? Ask a Bankruptcy Lawyer Now.
Over 34 years, I have assisted my clients with debt problems having filed more than 32000 Chapter 7 and Chapter 13 Bankruptcy petitions.
SSDI back benefits are an asset of the bankruptcy estate and must be listed. And this applies to a chapter 7 or 13. Likewise, even if the benefit has not yet been received, it has to be listed as a potential asset. Thereafter, depending on the exemptions available and the amount of the back benefits, the trustee will then decide whether to claim the asset or not. Regardless, it is not 100% exempt.