Legal Question in Bankruptcy in Connecticut

Social Security Disability Money in Checking Account

If I were to file would I be able to exempt my checking account which holds my social security disability money that I live on each month. or will the account be frozen by the trustees?


Asked on 1/30/03, 11:53 pm

1 Answer from Attorneys

Joel M. Grafstein Grafstein & Arcaro, LLC

Re: Social Security Disability Money in Checking Account

The bank account is exempt (as a normal bank account, the bankruptcy code does not draw a distinction between an account with social security proceeds vs. any other funds). As long as the amount of money in the account is less than the maximum permitted under Section 522(d)(5) approximately $900, plus the 1/2 of the unutilized portion of the homestead exemption (approximately $9,500). It is also conceivable that the funds are exempt under Section 522(b)(1) because all funds from Social Security are exempt under Connecticut State law. If it is a small amount of money, it will not be an issue at all.

Good luck.

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Answered on 1/31/03, 1:54 pm


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