Filed in Florida. Have monthly retirement , but waiting to start getting funds from other pension trust account that was exempt.
Divorce / Separation Lawyer
You do not need to wait until six months from filing or discharge to start drawing your pension. Have you had your 341 creditors meeting yet? If so, did you advise the trustee of your anticipated increase in income? Did the trustee indicate any concerns with the upcoming increase in income and ability to repay your creditors? If yes to the first 2 questions and no to the 3rd question, you could start drawing the pension now. If no to any of the first 2 questions or yes to the 3rd, speak with your bankruptcy attorney (if any) or consult with a bankruptcy attorney in your area before drawing the income. Hope this helps.
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Chapter 7 Bankruptcy Attorney
As long as you disclosed your retirement money and claimed it as exempt on your petition, there would be no reason why you couldn't immediately take distributions from this retirement after filing bankruptcy. If you are talking about cashing out the retirement account, you may want to wait until the time has elapsed for the bankruptcy trustee to object to your exemptions - which is typically 30 days after the conclusion of your 341 meeting. Hope this perspective helps!
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Your increased monthly income would not affect your means test results, since the means test is based upon the 6-month period which preceeds the month in which you filed. If you did not anticipate when you filed the BKC that you would drawn down on your other pension you have done anything wrong. However, to paraphrase the lyrics of the Jim Croce song, you don't pull on Superman's cape, you don't spit into the wind, you don't mess around with Jim, and you do not make an issue for the Trustee to think about if you do not have to. On paper, you can take the retirement monies which are already except, and you every entitlement to do so. Maybe you wait til after the discharge order is entered just to be safe. In my jurisdiction, the case is closed about 5 months after it starts, anyway.
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