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dylatess
dylatess, Attorney
Category: Bankruptcy Law
Satisfied Customers: 5142
Experience:  37 plus years of experience specializing in bankruptcy law
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this is a chapter 13 question, I guess it may apply to chapter

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this is a chapter 13 question, I guess it may apply to chapter 7 as well. The Debtor who has not yet filed her bankruptcy petition probably has a good disability case, although she has only been out of work for about 6 months. If she gets disability "back pay", it would be SSDI, not SSI, would the Trustee or court be able to get their hands on it or would it be exempt?

Thank you in advance for your assistance
Submitted: 3 years ago.
Category: Bankruptcy Law
Expert:  dylatess replied 3 years ago.

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.

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