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Asked 1/1/2012

What happens to 401k savings after bankruptcy?

 
 
 
 
 
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Answer 1/1 - Submitted 1/3/2012

There is something called "exemptions" in a bankruptcy filing where you are able to exempt property from being liquidated by the bankruptcy trustee. There is an exemption for retirement plans, IRA's, and 401(k)'s under section 522(d)(12) of the Bankruptcy Code.

So you should be able to keep your 401(k) through a bankruptcy. Once your bankruptcy is completed and you have received your final decree, you could then take a distribution if you wish.

 
 
 
 
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