Does cashing out my 401k affect my chapter 7 bankruptcy?

Asked about 4 years ago - Phoenix, AZ

I know it isnt recommended but really need the money and I don't want to take out a loan. I recently got discharged for my chapter 7 bankruptcy and would like to cash out my 401k would that have any affect later on reagrding my bankruptcy?

Attorney answers (4)

  1. John N Skiba

    Contributor Level 14

    1

    Lawyer agrees

    Answered . The safest route to go is to hold off until your case is closed. However, I am of the opinion that these funds are not property of your bankruptcy estate.

  2. Carie Ann Becker

    Contributor Level 11

    1

    Lawyer agrees

    Answered . The best suggestion is to wait until your case is closed before you make the withdraw then you wont have any issues.

    Legal Information is Not Legal Advice
    My answer provides information about the law based on the limited information provided in the questions asked and is not intended to be legal advice. The law differs in each jurisdiction and may be interpreted or applied differently depending on the location or situation. I highly recommend that you consult with an attorney to discuss the specific details of your situation so you can get legal advice tailored to your specific circumstances. The information in my answer is for educational and information purposes only, and is not legal advice or legal opinions. The answer provided to the question asked does not constitute a lawyer-client relationship.

  3. Mitchell Paul Goldstein

    Contributor Level 20

    1

    Lawyer agrees

    Answered . A 401K is not property of the estate. Both ERISA and the U.S. Supreme Court (Patterson v. Shumate) say so. After you file, then you can take money out without it affecting your case. Please consider carefully before doing it. Creditors cannot get access to that account. It is protected.

    [This communication is intended as general information and not specific legal advice, and this communication does not create an attorney-client relationship.]

  4. Marc Gregory Wagman

    Contributor Level 17

    1

    Lawyer agrees

    Answered . The trustee cannot go after a 401K generally. However, you should wait until the case is closed and you get the discharge to make a large withdrawal from the account.


    The response given is not intended to create, nor does it create an ongoing duty to respond to questions. The response does not form an attorney-client relationship, nor is it intended to be anything other than the educated opinion of the author. It should not be relied upon as legal advice. The response given is based upon the limited facts provided by the person asking the question. To the extent additional or different facts exist, the response might possibly change. Attorney is licensed to practice law only in the State of Illinois. Responses are answers to general legal questions and the receiver of such question should consult a local attorney for specific answers to questions.

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