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    Question 401k

    They can't take your 401K $$, can they?

    TIA.

    #2
    Nope. Your 401K is 100% exempt.
    Filed Chapter 7 April 29th, 2010
    341 June 1st, 2010
    Report of No Distribution June 2nd, 2010
    Discharged and Closed 8/10/2010

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      #3
      ONLY if you withdraw it or take a loan out on it, then it become part of your estate and the Trustee can take it. Leave your 401K alone. 'Hub
      If I knew it all, would I be here?? Hang in there = Retained attorney 8-06, Filed 12-28-07, Discharge 8-13-08, Finally CLOSED 11-3-09, 3-31-10 AP Dismissed, Informed by incompetent lawyer of CLOSED status, October 14, 2010.

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        #4
        Thanks - and yeah, I haven't touched it.

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          #5
          I had 401k loans out PRIOR to the BK, and I might take another afterwards.

          I think you can touch the 401k, at least my lawyer said it was ok and that the BK has nothing to do with it.

          As is always the case, check with your attorney.

          Good luck

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            #6
            Before touching your 401 or IRA while in BK, you certainly need to get the advice of your attorney.

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