Do Cares Act payments count towards the means test? No.

A post from the consumer bankruptcy listserve.

I seem to recall something somewhere that Cares Act payments would not be considered in the bankruptcy means test, does anyone have a reference?

Response from my friend Mark Marcus:

See 11 USC 101(10A)(B)(ii)(V)

So I thought I would check it out.  It’s actually pretty clear.

Section 101(10A)(B)(ii)(V) says that Current Monthly Income excludes:

(V)Payments made under Federal law relating to the national emergency declared by the President under the National Emergencies Act (50 U.S.C. 1601 et seq.) with respect to the coronavirus disease 2019 (COVID–19).

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