First of all, it should be noted that it is not included in the bankruptcy estate:
1) property that is exempt from enforcement in accordance with the provisions of the Act of November 17, 1964 – Code of Civil Procedure (Journal of Laws of 2021, item 1805, as amended);
2) remuneration for the work of the bankrupt in the part not subject to seizure;
3) the amount obtained from the execution of a registered pledge or mortgage, if the bankrupt person served as the administrator of the pledge or mortgage, in part attributable to other creditors in accordance with the agreement appointing the administrator;
4) funds in the account that is the subject of blocking the account of a qualified entity within the meaning of Art. 119zg point 2 of the Act of August 29, 1997 – Tax Ordinance.
The enforcement does not apply to alimony benefits, cash benefits paid in the event of ineffectiveness of alimony enforcement, family benefits, family allowances, care allowances, maternity allowances, allowances for complete orphans, benefits for caregivers, social assistance benefits, integration benefits, upbringing benefits and the one-time benefit referred to in art. 10 of the Act of November 4, 2016 on support for pregnant women and families “For Life”.
In addition, sums granted by the State Treasury for special purposes (in particular scholarships, support) are not subject to enforcement, unless the enforced receivable arose in connection with the achievement of these purposes or for alimony obligations. This provision means that the 800 plus benefit is not included in the bankruptcy estate, so it remains in the debtor’s assets. In such a situation, the trustee is not able to dispose of these funds. To sum up, the funds under 800 plus in the event of declaring consumer bankruptcy will not become part of the bankruptcy estate and they will not be able to be collected from the bankrupt.