OK...so in an atempt to keep paying my creditors, I decided to default on my 401K loan and as a result I can't contribute to it. Is there any point when I can again? I have already been hit with the taxes (one of the reasons I need to file). This was incredibly stupid, but it is what I did. Will I ever be able to contribute again?
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I don't see why you wouldn't be able to contribute again. You were hit with taxes because you did not pay back the loan and you received the money. IE, a distribution. If you cashed in your 401k instead of going the "loan" route (you pay yourself/401k back) then you would have received the same thing a distribution with taxes due. Has nothing to do with future contributions...
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Originally posted by jwmc1 View PostOK...so in an atempt to keep paying my creditors, I decided to default on my 401K loan and as a result I can't contribute to it. Is there any point when I can again? I have already been hit with the taxes (one of the reasons I need to file). This was incredibly stupid, but it is what I did. Will I ever be able to contribute again?
IN any event, you would have to contact your Plan administrator for specifics on contributions and loan defaults.Chapter 7 (No Asset/Non-Consumer) Filed (Pro Se) 7/08 (converted from Chapter 13 - 2/10)
Status: (Auto) Discharged and Closed! 5/10
Visit My BKForum Blog: justbroke's Blog
Any advice provided is not legal advice, but simply the musings of a fellow bankrupt.
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Many plans spell this out in the paperwork. Although you checked with HR, I recommend reading your plan documents. It is possible the person you asked wasn't sure and gave you a incorrect answer.
At my place of employment, if you default you can not contribute for 1 year. Although each plan is different, it seems a bit much to say "never".
Just double check. It can't hurt.
All the best.8-07-09-filed Chapter 7
11-18-09-DISCHARGED!!
Life is not what challenges you face, but how you face those challenges.
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My employer is the same. If you default, you cannot contribute for one year. If you pay the loans back, you cannot have another loan until a year passes from the date you paid off the loans.Chapter 7 (No Asset/Non-Consumer) Filed (Pro Se) 7/08 (converted from Chapter 13 - 2/10)
Status: (Auto) Discharged and Closed! 5/10
Visit My BKForum Blog: justbroke's Blog
Any advice provided is not legal advice, but simply the musings of a fellow bankrupt.
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There's more than one retirement plan out there. If yours is so foolish as to penalize you permanently for not paying a loan back that you took from your own money for a low interest rate (and you took the tax hit on top of that), then move on. Join another retirement plan and deposit into it yourself every month. Good riddance.
I do agree with others that I wouldn't take the word of one person in your HR dept who may not be familiar enough with your plan to give you a reliable answer. Contact your HR dept's benefits specialist or call the retirement plan offices yourself.I am not a lawyer and this is not legal advice nor a statement of the law - only a lawyer can provide those.
06/01/06 - Filed Ch 13
06/28/06 - 341 Meeting
07/18/06 - Confirmation Hearing - not confirmed, 3 objections
10/05/06 - Hearing to resolve 2 trustee objections
01/24/07 - Judge dismisses mortgage company objection
09/27/07 - Confirmed at last!
06/10/11 - Trustee confirms all payments made
08/10/11 - DISCHARGED !
10/02/11 - CASE CLOSED
Countdown: 60 months paid, 0 months to go
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