The National Association of Consumer Bankruptcy Attorneys (NACBA) submitted a letter, March 17, 2021, to Director Clifford White at the Department of Justice Executive Office of the US Trustee. NACBA called on Director White to use authority to ensure that the goals of the American Rescue Plan Act 2021 are not undermined by the office or by bankruptcy trustees.
Specifically, NACBA called on Director White to:
- Instruct chapter 7 trustees not to attempt to take stimulus payments from debtors;
- Instruct chapter 7 trustees not to attempt to take child tax credit payments;
- Instruct chapter 7 trustees and United States trustees to disregard recovery rebates and child tax credit payments in applying section 707 (b); and
- Instruct chapter 13 trustees to disregard recovery rebates and child tax credits in applying the best interests of creditors test and the disposable income test.