Legal Question in Credit and Debt Law in Idaho
Bankruptcy and 401(k)/IRA
We have approx. $30,000 in debt from a bad business deal, no equity in our home (trailer), 2 cars totalling $10,000, and $15,000 in an IRA and $45,000 in a 401(k). Would we have to liquidate our retirement in a bankruptcy?
Asked on 10/29/98, 12:55 pm
1 Answer from Attorneys
Daniel Press
Chung & Press, P.C.
Re: Bankruptcy and 401(k)/IRA
Your 401(k) is not part of the bankruptcy estate and will not be liquidated. Whether your IRA is exempt depends on state law.
Daniel Press
Chung & Press, P.C.
6723 Whittier Ave., Suite 302
Answered on 1/05/99, 1:03 am