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No, absolutely not. Those funds are actually invested in other things....so, unless you had your 401 invested in the stock of this company (as many Enron people did) - which stock has likely become essesntialy worthless...your invested amounts are secure as an investment in todays world can be.

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15y ago
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14y ago

Absolutely nothing. The emplyees 401 is held in investments the emplyee determines, manged by an independent group (normally a brokerage house or large bank, like Fidelity or Wachovia, etc). The money is entirely independent of the company and has nothing to do with them.

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Q: What happens to the employee's 401k funds when employer files Chapter 11 bankruptcy?
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What happens if you have a workmens comp claim and the company files Chapter 7 bankruptcy?

Your claim is most likely covered by a WC insurance, either a prvate policy the employer had or one with the State. As such, your claim should be unaffected by the Bankruptcy.


What happens if you wreck your car after filing for Chapter 13 bankruptcy?

If you wreck your car after filing for Chapter 13 bankruptcy you can file it on your insurance. You can then replace your car based on the bankruptcy order.


If you file chapter 7 bankruptcy what happens with your state pension plan?

Uneffected.


What are the difference between Chapter 7 vs Chapter 11?

The difference between Chapter 7 bankruptcy and Chapter 11 bankruptcy is what happens to a party during the process. Parties undergoing chapter 7 bankruptcy must sell of their assets in an attempt to pay off dept. Chapter 11 allows for one to attempt to maintain their assets. During chapter 11 bankruptcy the party must negotiate with creditors to stay afloat.


You are currently in a chap 13 bankruptcy can I change to a chap 7 bankruptcy?

You cannot change my bankruptcy, but you can convert your Chapter 13 to a Chapter 7. It happens frequently. You may want to check with your lawyer or an experienced lawyer since it can have unintended consequences.


What happens to someone in a personal bankruptcy?

It depends on whether or not you qualify for Chapter 7 or Chapter 13. For Chapter 13, you will slowly have to pay your creditors back over time. For Chapter 7, you have to assign a value to everything that you own. The creditors will then determine whether or not these items will be included in the bankruptcy in a hearing.


What happens if you are in bankruptcy and then become unemployed?

If you are in a chapter 13, if you are no longer able to make plan payments, you must either convert to a chapter 7 or dismiss the 13.


What happens if you miss your meeting of creditors in a California Chapter 7 bankruptcy?

You will probably receive one more chance. You need to have your lawyer contact the bankruptcy trustee and see if it can be rescheduled.


What typically happens to ones retirement if a company declares bankruptcy?

If a company manages its own retiements system, the funds of the system are lost if the company declares bankruptcy. In the United States there is a system for insuring retirement systems, but the payout to individuals is generally much less through insurance than would have been provided by the retirement system itself. If a company has its employees contribute to a retirement system managed by a third-party provider, those employees who are vested in their accounts may not loose them if the employer declares bankruptcy.


What happens to employees in a chapter 11 bankruptcy?

Unchanged from before. That isn't to say you won't experiences changes, maybe even loss of work/job. But the BK involves creditors and may change their rights, employee rights, to safe workplace, etc. aren't involved. You never had a right to employment...US employees are employees at will..of the employer.


If you file bankruptcy?

What happens if you file bankruptcy differs depending on what chapter of bankruptcy you or your business decides to file under. The most common form of bankruptcy for the individual is Chapter 7. Under Chapter 7 bankruptcy, the banks may liquidate property and assets-except things that are explicitly protected. After this, most debts are forgiven-but not all, as certain debts do not qualify. Your credit score will then be severely damaged by the filing, but you will be free to slowly bring it back up as you will not be suffocated by debt. The article below goes into further detail on the process of bankruptcy.


What happens when a business starts filing bankruptcy?

When a business files for bankruptcy it basically means it can not repay the debts it owes to creditors. Generally a trustee will sell remaining assets and pay off creditors. The exact rules of what happens depends on what type of bankrupcty that is filed. In US for example there are Chapter 7, Chapter 13 etc.