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    401k contributions

    I searched the forum for info. on whether we can continue contributing to our 401k in a chapter 13. I can not find an answer that is absolute. We are fully vested and live in California. Any sure thing answers on the forum?

    #2
    Originally posted by Law50 View Post
    I can not find an answer that is absolute.
    Welcome to bankruptcy law under the Bankruptcy Abuse Prevention Consumer Protection Act (BAPCPA) -- brought to you by Mastercard and Visa, and co-sponsored by Bush II and every bought-and-paid-for Republican tight a$$ in the U.S. senate. Under this new law you find that "Absolute Answers" are as scarce as hens' teeth.

    The majority rule that seems to be developing is that 401(k) contributions ARE allowable, even in below median cases. Here is a court opinion on the subject:



    But this opinion only applies in NH, so it depends on which judicial district you are in.
    Pay no attention to anything I post. I graduated last in my class from a fly-by-night law school that no longer exists; I never studied or went to class; and I only post on internet forums when I'm too drunk to crawl away from the computer.

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