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Yes, but not until your discharge. If you take money out of a 401K after you file and before discharge, the money is no longer exempt and could be taken by the Trustee. If you take it out after your discharge the money is yours.

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19y ago

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In bankruptcy can they take your 401K or IRA?

No


Can you take your 401k out if you file chapter 7?

Your 401K account is exempt from creditors when you file BK. So leave the account alone. If you withdraw money and transfer it to another type of account, then the BK trustee can seize that money. Because of that, it is NEVER advisable to withdraw from your 401K when a BK is possible in the future.


How old do you have to be to take money out of a 401k?

You generally have to be at least 59 and a half years old to take money out of a 401k without facing penalties.


Is it safe to do credit card cash advances before file bankruptcy?

Not really. Cash advances can and will be scrutinized by the bankruptcy Trustee for up to ONE YEAR prior to your bankruptcy filing date. If you take a cash advance and then file bankruptcy, that portion of your debt may not be discharged, on top of having to account for why you took it and what you spent the money on.


Do you have to declare bankruptcy if you default on your mortgage?

No. If you default on your mortgage the lender will take possession of the property by foreclosure. Whether you file bankruptcy is an unrelated issue.No. If you default on your mortgage the lender will take possession of the property by foreclosure. Whether you file bankruptcy is an unrelated issue.No. If you default on your mortgage the lender will take possession of the property by foreclosure. Whether you file bankruptcy is an unrelated issue.No. If you default on your mortgage the lender will take possession of the property by foreclosure. Whether you file bankruptcy is an unrelated issue.

Related Questions

In bankruptcy can they take your 401K or IRA?

No


Can you take your 401k out if you file chapter 7?

Your 401K account is exempt from creditors when you file BK. So leave the account alone. If you withdraw money and transfer it to another type of account, then the BK trustee can seize that money. Because of that, it is NEVER advisable to withdraw from your 401K when a BK is possible in the future.


Do you keep your car after you file bankruptcy?

It depends, usually after you file bankruptcy they take all your vehicles but one of them so that way you have one vehicle to get back and forth for emergencies. When you file bankruptcy and have a job, they usually limit the amount of money coming into your household too.


How old do you have to be to take money out of a 401k?

You generally have to be at least 59 and a half years old to take money out of a 401k without facing penalties.


Is it safe to do credit card cash advances before file bankruptcy?

Not really. Cash advances can and will be scrutinized by the bankruptcy Trustee for up to ONE YEAR prior to your bankruptcy filing date. If you take a cash advance and then file bankruptcy, that portion of your debt may not be discharged, on top of having to account for why you took it and what you spent the money on.


Do you have to declare bankruptcy if you default on your mortgage?

No. If you default on your mortgage the lender will take possession of the property by foreclosure. Whether you file bankruptcy is an unrelated issue.No. If you default on your mortgage the lender will take possession of the property by foreclosure. Whether you file bankruptcy is an unrelated issue.No. If you default on your mortgage the lender will take possession of the property by foreclosure. Whether you file bankruptcy is an unrelated issue.No. If you default on your mortgage the lender will take possession of the property by foreclosure. Whether you file bankruptcy is an unrelated issue.


If you file for bankruptcy world it take care of my cort fees?

Generally there is only the fee to file.


Can you take out your 401k retirement early if you need the money?

401K retirement plans are meant to accumulate money throughout the years by interest free deposits. You can withdraw money from your 401K fund if needed, however, their is usually a large penalty fee.


Can you draw 401k and unemployment in Florida?

if i am getting unemployment benefits in florida and take money from my 401k does that disqualify me from unemployment benefits


Can the Trustee take money after the bankruptcy is dismissed?

NO....DUHHHHHHHHHHHH


Do you have to pay taxes on a 401k if you take the money and pay a student loan?

hi


Can IRS hold funds for bankruptcy?

can the IRS take your check if you file bankruptcy , chapter 13 or will I have to submit the check to them once received.