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    401K hardship

    Brief history: Worked for company A for about ten years, company B buys company A about 5 years ago. Started 401K with company A in year 1 of employment. 401K from company A transfered to company Bs 401K in 2006. Currently still employed with company B.

    Now looking to make a hardship withdrawl from 401K based on home in danger of forclosure (not nessarly going to cure mortgage since it was discharged) but rather will use funds for new home.

    Acording to company Bs 401K admin one can only withdraw funds that where "elective deferals" meaning funds that I contributed to my
    401K,OK fine by me. However now company Bs 401K admin is saying that I have zero funds for a hardship because they have no records of what I contributed prior to them buying and merging company A and they have no way of proving how much of current balance is from elective deferal. Now if I had some old pay stubs this would take care of the issue but I do not have anything over 3 years old.

    When my 401K plan transfered from company As plan to company Bs plan that amount was in the $45K range so the way I see it this is the amount that I contributed to the plan.

    So it goes without saying that I cannot just acept company Bs 401K admins desision that I have zero funds for a hardship withdraw.

    So does anybody have any ideas as to how I should proceede? What would you do?

    Thanks!

    #2
    OK
    ANy ideas on where I could look to get some sort of positive resolution of this issue?

    Comment


      #3
      Sorry but I don't understand how your question pertains to BK, except to say that if you are considering BK, leave your 401k alone. Withdrawing that is a really bad idea if your going to file for protection under Bankruptcy. But I don't know of anything you can do if that is the plans rules, short of quitting which I obviously dont recommend.
      Filed CH7 Feb 12 2010
      341 March 18
      Discharged...May 18
      Awaiting closing...

      Comment


        #4
        Originally posted by Dannmcg357 View Post
        Sorry but I don't understand how your question pertains to BK, except to say that if you are considering BK, leave your 401k alone. Withdrawing that is a really bad idea if your going to file for protection under Bankruptcy. But I don't know of anything you can do if that is the plans rules, short of quitting which I obviously dont recommend.
        Well it pertains to a hardship withdrawl to "stop" forclosure, this is why its posted in the forclosure forum. Thought is was pretty clear in my OP.

        I have already filed for BK and discharged in Feb 08 but thanks for the input anyway.

        Comment


          #5
          Sorry, I feel like an a$$. I have had difficulty dealing with my 401k (Fidelity) in the past and going to someone in upper management who had more pull in the company did help. Hope you work it out.
          Filed CH7 Feb 12 2010
          341 March 18
          Discharged...May 18
          Awaiting closing...

          Comment


            #6
            No need to feel like an ass. Its all good!

            Comment

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