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The length of time after filing for bankruptcy am I able to sign up for a 401k loan?

When you have filed for bankruptcy, when it’s possible to simply take out a laon from your 401k your retirement investment hinges on whether you filed for Chapter 7 or Chapter 13 bankruptcy.

When you yourself have filed for bankruptcy, when you’re able to simply take down a laon from your own 401k your retirement fund hinges on whether you filed for Chapter 7 or Chapter 13 bankruptcy. Continue reading to find out more about whether you are able to sign up for a 401k loan after bankruptcy.

To learn more about what are the results after bankruptcy, see our Life After Bankruptcy subject area.

Chapter 7 Bankruptcy

You can technically take out a 401k loan anytime after filing your case if you filed for Chapter 7 bankruptcy. ERISA qualified plans that are 401k perhaps perhaps not considered home associated with bankruptcy property. Which means that the Chapter 7 bankruptcy trustee can’t follow that money to pay for your financial situation.

But, the cash is just safe you filed your case if it is in your 401k account when. If you take away a 401k loan prior to filing for bankruptcy and put that cash into the bank or utilize it to purchase another asset (such as for example an automobile), the trustee may take it unless it really is exempt. Generally speaking, it is smart to hold back until you obtain your release along with your situation is closed prior to taking down a loan that is 401k. This protects you against any complications that are unforeseensuch as for instance dismissal) that may arise.

For more information on how to utilize exemptions to safeguard your home in bankruptcy, see our Bankruptcy Exemptions topic.

Chapter 13 Bankruptcy

In Chapter 13 bankruptcy, you pay off a part of the debts through a three- to repayment plan that is five-year.


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