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Can I receive exempt retirement monies, 6 months after filing chapter 7 or have to wait 6 months after discharge?

Homosassa, FL |

Filed in Florida. Have monthly retirement , but waiting to start getting funds from other pension trust account that was exempt.

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Attorney answers 3

Best Answer
Posted

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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Asker

Posted

Filed 5/12 discharged 9/12 trustee only asked if this was through my employment in local union (which it was)

Asker

Posted

retired at 55. Did not ask when I could get. Maybe assuming I wouldn't get til 65? Initial meeting with lawyer, said wait 6 months before getting, but no clarification if filing or discharge date.

Nicholas J.B. Pasquale

Nicholas J.B. Pasquale

Posted

then all is good, go ahead and draw! please mark helpful if this helped.

Nicholas J.B. Pasquale

Nicholas J.B. Pasquale

Posted

no notification is needed since discharge was issued.

Asker

Posted

Very helpful Thank you

Posted

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!

Posted

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.

I hope you found this response to be of assistance. This response shall not be considered the rendering of legal advise but instead a general response to a general question. While Avvo is a wonderful resource, nothing can be a substitute for an in-depth consultation with an attorney in the jurisdiction in which the law is to be applied. This response shall not be deemed to create an attorney-client relationship, nor shall it create an obligation on the part of the attorney to respond to further inquiry from the questioner.