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Will I Loos My Retirement Account If I File Bankruptcy?

Thursday, January 7, 2010
posted by Ted Agnick, The Lawyer

In nearly all bankruptcy cases, you will not lose your retirement account.  The bankruptcy code specifically provides certain exemptions.  These bankruptcy exemptions allow certain retirement accounts that are considered “qualified” under the I.R.S. Code to be exempt.  This means that most retirement accounts such as IRA’s, SEP IRA’s, 401K’s, etc.  are protected and you will not lose them by filing bankruptcy under either chapter 7 or chapter 13.  This is true regardless of the amount you have in the retirement account.  The exemptions also provide for protection of certain pensions.  For example pensions belonging to firemen, police officers and teachers are protected.

However, you should be aware that any proceeds placed into your retirement account within the six months prior to filing bankruptcy are not protected.  The reason for this is that the government does not want people taking large amounts of cash that would otherwise not be exempt and stashing it into retirement accounts in order to get around the bankruptcy exemption laws.



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