Help

[JuneBug]

My ex husband and I originally filed Chpt 13, but since the divorce I have decided to file for a conversion to Chpt 7. My lawyer is about to file my request, but some personal issues have come about that may cause me to quit my job and move to another state. I intend to get another job, but might need my 401k from my current job for moving expenses. I don't want to do anything illegal, but also don't want the court to take my $. What do I do?

Can I quit and move once I file without notifying the court or my lawyer? Do I wait until my court date is set? Wait until I've had my court date? Or must I wait until my case is discharged? I am really in a dillema here, so any advice is greatly appreciated.

[SMinGA]

Once you have filed, it should not have an impact on your case. But it would not hurt to wait until discharge. ~3 months from filing...

[JuneBug]

Well that is what I wanted to hear, but didn't know if the court checks anything related to employment and my 401k. I really needed to be moved last week, but just don't want to get in any trouble since it would probably appear that I am tying to deveive the court, even though it is not intentional and my situation unavoidable.

Thank you for your reply.

[tcreegan]

out of 401K not protected

Hi Junebug,

Once the $$ comes out of the 401K, it is not protected. Our trustee asked everyone about their retirement plans and what they were worth. Big risk to take having it out unprotected......need to get some definitive advice (ie: good attorney) about trustee's ability to attach the $$ if pulled out after file date but before discharge.

just my 2 cents,

Tom in Colo