Will cashing out an old 410k mess up my CH7

amber78 · ‎04-21-2014

Met with the BK attorney last week.. and he said everything should be good to go and filed in a week... Saturday I came home to a letter from an old work investment. I have $1500 in a 401k that I could cash out that I had forgotten about. I could REALLY use this money...but I dont want to mess anything up..

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ezdriver · ‎04-21-2014

It is an asset that has to be listed on your bankruptcy asset list. Tell your attorney about it and let him/her handle it. If you fail to disclose it, especially while knowing about it, you could get into serious trouble with the trustee.

starry1 · ‎04-21-2014

No. If you cash it out before discharge, then it is a liquid asset that can be seized. You do have to list it as an asset, but as a 401k it is more than likely protected in the no7.

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Lithium1 · ‎04-21-2014

According to my bk atty, 401k is protected as long as you leave it in the account, if you cash it out it could be seized to pay debts.

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0REDSOX7 · ‎04-22-2014

Do not touch it - it is protected (to a certain amount - based on state and federal exemptions).

Once you close it - the money is fair taking by the trustee.

BK Discharge 2/11/14

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rudy0720 · ‎05-13-2014

401 K's are always protected

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StartingOver10 · ‎05-13-2014

Wait until after you have filed and ideally wait until after the 341 before you cash out the 401k if that is your plan. The others are right about both listing it in your paperwork with the attorney as an asset Its only protected as long as it remains in the 401k. If you cash it out before you file, it then is subject to the siezure ny the trustee if you don't have exemptions in your BK estate to cover it.