If I file bankruptcy are the funds I have in a 401K plan available to creditors?

Bankruptcy: If I file bankruptcy are the funds I have in a 401K plan available to creditors? i am retired and am not currently employed. - Is this your question? Add additional information
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Answers (3)

Gabriel Cheong

Gabriel Cheong

Contributor Level 7
Note that I am not licensed to practice in your state.

Retirement accounts are safe from any bankruptcy claims.
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Brett D Weiss

Brett D Weiss

Contributor Level 6
No. Retirement accounts are fully exempt.

Brett Weiss
brett@BankruptcyLawMaryland.com
www.BankruptcyLawMaryland.com

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The Small Print: This response is for discussion purposes only. It isn't meant to be legal advice and you shouldn't treat it as such. If you want legal advice, speak with a local lawyer familiar with your state's laws who can review *all* of the facts and the law applicable to your situation.
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Margery Ellen Golant

Margery Ellen Golant

Contributor Level 8
Bankruptcy judges do not have jurisdiction over 401k funds. These are expressly exempt from the claims of creditors in bankruptcy.
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