Legal Question in Bankruptcy in Ohio
withdrawling of 401k
I was wondering if I could withdrawl my 401k before or after I file for bankruptcy,and i was wondering if it would get taken from the trustee
Asked on 2/13/09, 11:16 am
1 Answer from Attorneys
Frank Rozanc
Frank J. Rozanc, Esq.
Re: withdrawling of 401k
Any withdrawal from a 401(k)prior to a bankruptcy filing is considered an asset which is liable for turnover to the trustee to satisfy your creditors. As long as the money maintains its character as a 401(k) fund, it is exempt from seizure by the trustee under Ohio law. Don't forget to do the required credit counseling course before your bankruptcy filing.
Answered on 2/16/09, 3:15 pm
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