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First, it's under Federal law.

Yes, I would call it secured.

Now, you need to get some advice...you are in a terrible situation....your 401k would have been exempt from seizure in BK to any amount...however, the loan money from it is not. You may well end up losing the money you took out, and having to pay back the loan, but more importantly, if you can't, or if you lose your job and the loan then becomes due (common under 401ks that allow loans), and you can't pay it back....even if they use the account to pay the loan - it will all become taxable income, and you will have to pay the early withdrawal penalty...which can come to about 50% of the amount. So your setting your self up for another financial (and tax) major problem.....get some advice now.

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17y ago

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