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Lots of Questions

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Anonymous
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Lots of Questions

Hi, 

 

I'm a regular visitor to this site and have used it extensively to rebuild my own credit after school. 

 

My family and I were just made aware of my brothers current credit situation and its not good.  

 

Income approx 2600 a month, bills approx 2400 a month.   3 high interest credit card minimums are barely being made.  He borrowed from his 401k last year to pay down some cards and bought himself a year but now all the cards are charged up again and he wants to borrow again to pay off the 1st 401k loan to free up and get another larger loan to payoff the cards again.  

 

On paper, this plan would work and he could pay off the smaller loan and cc balances in 36 months if he is able to stick to a very tight budget.  But looking over all the data I am wondering if it wouldn't be better for him to file bankruptcy rather than take a loan against his 401k.  He has no assets aside from the 45k 401k.  He lives in an apt, drives a used car with a small payment.  He makes 45k a year and has 37k in unsecured credit card debt.  Its so bad he's contemplating quitting his job of 10 yrs so he can pull his retirement out, pay off credit cards and start fresh.  But we all know that's not the best idea.

 

I am not sure what advice to give him. I can help him budget and his asking for help is a major step, I am just not sure helping him get a large 401k loan is the best thing for him.  I am actively googling bankruptcy information but I am very confused.  I read the faq's on this site and it left me even more confused.

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Anonymous
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Re: Lots of Questions

Definitely do not take out of your 401k if you’re filing for bankruptcy!!

401k is exempted and cannot be touched by the trustee in bankruptcy. However loans can complicate things if you have taken out an excessive amount.

37k is not that much, i filed for 110k but I definitely think bankruptcy is a much better alternative than draining your 401k if all other options are exhausted.

Even if he quit and wanted to withdraw the full amount. He has to pay a penalty and income taxes on it. Then start ALL over on retirement.

He has obviously overspent to accumulate that much debt with such little income so he needs to work on budgeting to avoid getting in this situation again.. but yes bankruptcy, a ch7 is definitely an option for him.
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