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Generally, no. Retirement accounts that are ERISA-qualified aren't considered property of an estate and cannot be taken.

Social Security benefits are generally protected from assignment, or garnishment for debts in bankruptcy. The Social Security Administration's responsibility for protecting benefits against legal process and assignment usually ends when the beneficiary is paid.

Once paid, the benefits continue to be protected only as long as they can be identified as Social Security benefits. For example, money in a bank account where the "only" deposits into the account are direct deposits of Social Security benefits are "identifiable" and generally protected.

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Q: Will I lose my retirement accounts or payments from social security if I file for bankruptcy?
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