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

If I file bankruptcy are the funds I have in a 401K plan available to creditors? i am retired and am not currently employed.

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Attorney answers (3)

Avvo Pro

Reputation Level 15
Note that I am not licensed to practice in your state.

Retirement accounts are safe from any bankruptcy claims.

Reputation Level 14
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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Avvo Pro

Reputation Level 18
Bankruptcy judges do not have jurisdiction over 401k funds. These are expressly exempt from the claims of creditors in bankruptcy.

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