Retirement account(401k & IRA) on chp13?

[johnjan2009]

Is retirement accounts like 401k & IRA considered under assets in your chp13 filing? How is it suppose to be categorized to make sure it is protected when you filed and during the chp13 plan? Pls give me some insights to check if my atty is really doing my chp13 paperworks properly... I appreciate the help..

[dh7448]

Mine was considered untouchable because it is ERISA qualified. Whatever that means. The documents describing the 401K had to say ERISA to qualify.

[catleg]

401k is automatically protected. It can be listed under assets, value unknown. But even if it's not it'll be automatically exempt. It is not property of the debtor.

[13for60]

It was protected in my case, too.

--13for60