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Can I open a 401k prior to filing BK?

Irvine, CA |

I am in my mid 50's, have $100k in investments but no 401k. Can I put the $100k in a 401k before filing BK?

Attorney Answers 1


  1. The IRS limits the contributions you can make to a 401(k) in any given year. This is not my area of expertise, but I believe you would be limited to the maximum contribution of $17,500.00 plus, if your plan allows it, an additional $5,500.00. So, unless I am missing something, the maximum you could contribute at this point to a 401(k) would be $23,000.00.

    That amount would be protected in a chapter 7 bankruptcy filed in the state of California.

    Now, if you have $100,000.00 in an ERISA-qualified retirement account and want to roll it over to an IRA or something, that's a different story. In that case, the entire $100,000.00 could be protected in a chapter 7 bankruptcy.

    More information is needed to provide a complete and thorough answer to your question. Please contact an attorney to discuss.

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