As of mid-March 2021, a new round of stimulus payments from the federal government is being deposited into bank accounts. While not explicitly protected in bankruptcy by the 2021 bill, it is very likely that these funds will be considered to not be property of the bankruptcy estate (not subject to the bankruptcy trustee’s control) due to language in the 2020 stimulus bill (the language is a bit convoluted; more detail can be found in this NCLC analysis).

If you are considering bankruptcy, don’t delay out of concern for the stimulus funds. Most people will have multiple avenues of protecting these cash payments. We can discuss whether any of the funds are at risk.

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