Welcome! | Ask A Question
Asked 8/7/2007
|
Texas bankruptcy: Can you keep your home and 401k/IRA? I have a friend that has a large business debt he is personally responsible for and is not able to pay it. He's considering bankruptcy and thinks he has to forfeit his home (residence) and retirement accounts in 401k and IRAs. I think those may be protected. Who is right, are could we both be wrong? |
Answer 1/4 - Submitted 8/7/2007
It all depends on what type of a company he has? Is it and S Corp, C Corp, DBA, or LLC. If its a sole propreitorship, DBA then he is correct his personal assets can be liquidated.
Answer 2/4 - Submitted 8/7/2007
He needs to see a bankruptcy lawyer to answer that (but, if the home is his homestead, I think you're right and that he can protect both). I think he should approach his creditor (or have his lawyer approach the creditor) before filing for bankruptcy and determine whether there's a chance to arrange for a workout of the debt. Perhaps the payments can be restructured or he can convince the creditor to accept a smaller payoff. Don't assume that bankruptcy is the answer.
Answer 3/4 - Submitted 8/7/2007
In chapters 7 and 13 (I do not know about 11 which he may be required to file if the debts are business related, so keep in mind please that I do not speak about this chapter)...you may keep your home, and one auto. You "reaffirm" these debts...once you reaffirm it is as if you never filed bankruptcy on these items, so it is very important the payments be caught up and ontime, otherwise they could forclose or repo said items after the bankrutpcy.
Retirment accounts are exempt from liquidation in a bankruptcy, so these will be safe.
Answer 4/4 - Submitted 8/10/2007
It depends what kind of company he has. Is it under his name or is it strictly a business account. It might no have ruined his credit which would be good. I would suggest talking with a lawyer. Usually the first consultation is free and you can get a better understanding of what needs to be done. Check out http://www.legalhelpers.com They are always very friendly and helpful. All the best!
When someone files for bankruptcy, will the investments like the 401k or the ira have to be liquidated, also?
If you move money out of a 401k and into an ira and you make no changes to the stocks you have, does the money grow at the same rate with the ira as it did with the 401k? also, what are the benefits of an ira over a 401k. in addition, what is the difference in a roth ira and a traditional ira.
My husband and i have been in bankruptcy for 1 year and 4 months. we are not currently in a 401k program. if we do decide to enroll in 401k, will this bankruptcy affect the 401k?
|
Liquidation of ira or 401k during bankruptcy? When someone files for bankruptcy, will the investments like the 401k or the ira have to... |
|
If you move money out of a 401k and into an ira and you make no changes to the stocks you... |
|
If i am currently in bankruptcy, can i start 401k? My husband and i have been in bankruptcy for 1 year and 4 months. we are not currently in... |
|
I lived in kansas from 1/07-7-07. worked full time there. moved to texas in 8/07. worked part-time.... |
|
Paying off loan by rolling over to 401k to ira The sale of my company will be going through very soon. i already have a $2000 loan on my... |
|
I was recently laid-off and my prospective employer doesn't currently offer a 401k (may... |

Ask A Question
Ask a new question about
401k: