Legal Question in Bankruptcy in California

waiting 4 ssdi hearing-no $ must withdraw 401-k

I am waiting for my ssdi hearing( apprx. 12-18 months longer).My Ltd insurance carrier states I will no longer receive benefits if I am not receiving ssdi by 4/9,therefore I will no longer be employed by my employer, so I have to withdraw my 401k from my employer.I have absolutely no money and am running appox 2 mo. behind on bills.(owe approx 20,000).I live alone so I will have to live on some of that.My employer says it may be 3 months by the time i receive it.I have no choice but to file bankruptcy.Since I will no longer be in my retirement plan can my creditors attach and take that money? Don't know what to do.

Thank You.


Asked on 3/29/99, 5:59 am

1 Answer from Attorneys
Mark Markus Law Office of Mark J. Markus

Re: waiting 4 ssdi hearing-

Sounds like a difficult situation. Your creditors might ultimately be able to attach money in your bank account, but depending on how much you have, it is unlikely they would pursue it or that a judge would order it. I suggest that if you live in Northern or Southern California that you give me a call for a consultation and we can go over your situation more thoroughly. (818)509-1173

Mark Markus

Law Office of Mark J. Markus

11684 Ventura Blvd., Ste. 403


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Answered on 4/07/99, 2:23 pm


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