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Seeking attorney in los angeles, ca area for filing chapter 7 bankruptcy, is retirement money exempt from creditors

I’m looking for a lawyer and wish to file Chapter 7 Bankruptcy, but I believe my income of 11K a month is too high. I have three rental properties in foreclosure and all the tenants stopped paying their rent when I told them to look for new places because I was in foreclosure. My mortgages payments, taxes and HOA dues total 9K a month. The values of the properties have gone down so much that it does not make sense to continue to pay on them. My credit card debt is 125K with payments of 2.5K per month. Last year, I put 50K in a qualified retirement plan.

Can I file for Chapter 7? If I can, do keep my retirement money?

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Attorney answers (4)

Reputation Level 14
11k per month is ordinarily too much to file a chapter 7 on, but you need to consult with a local attorney to get this figured out. keep in mind, that if you aren't going to keep the rental properties (which it doesn't really sound like you would benefit from keeping them), you will free up money to pay into a chapter 13 plan. But you need to have an attorney actually look at your situation and figure this out for you. With regard to your retirement fund, you have an exemption for retirement funds, so most likely it should all be exempt, however I am unfamiliar with California's exemptions. Most states have a very large or unlimited exemption for retirement funds though.

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Reputation Level 14
Another consideration regarding your income is whether the $11000 includes the past rental incomes. If it does and you are not receiving that income any more, you certainly would be a candidate for a Chapter 7. It sounds like you have a pretty complex situation and could benefit from some local and more focused advice. When you do talk to an attorney, be kind and air all of your dirty laundry that you can recall. It's not a lot of fun from the attorney's chair to wonder what monster lurks around the next corner when every time your client calls there is a new issue that crops up.

As far as your retirement money goes, you are likely to be able to keep it. It does depend on the exemptions available in CA, too. There is always a time limit on funds socked into a retirement fund. I'm not sure what the period is in CA but if you saved in 2007 and the period is 12 months, you could just wait it out and file after the waiting period is over.

Reputation Level 6
Retirement funds are generally protected. Whether you get to keep the recent contribution depends on whether that contribution was tax deductible. If you contributed more than the "allowed" amount, the excess may be recoverable for your creditors in a bankruptcy case.

Reputation Level 6
You are almost certainly eligible to file for Chapter 7 and yes, you can keep your retirement funds. You are welcome to call the office at any time for an appointment. 818-507-6000.

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