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12-01-2007, 06:05 AM
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Chapter 7 and 401K timing
I will be filing a chapter 7 bankruptcy in Columbus, Oh soon. I have some money in a 401k plan that is exempt. My question is, can I withdrawl the 401K funds anytime after filing or must I wait till the discharge is completed to prevent the money from being part of the estate and available to creditors?
Thank You     
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09-12-2008, 04:51 PM
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I filed a few years back and took out a loan in the interim. At the actual discharge hearing, the administrative judge asked me to furnish the latest 401k. When he saw I took out the loan, he included that amount as going back to my creditors. I would highly suggest that you wait.
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