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Is My Retirement Account Protected?

Protect Your Retirement Account — and Your Future

One of the most common mistakes people make when they are in debt is using their 401K or retirement account to pay down debt. It seems like a sensible option to "just get that credit card paid off," but it is robbing your future to pay for the past. Worse yet, there are tax and early withdrawal penalties for doing so.

The truth is, most creditors cannot touch your IRA or retirement account. Even f they receive a judgment against you in court, they cannot take your retirement.

Under the U.S. bankruptcy code, money in a qualified retirement plan, 401K, IRA or Roth IRA is 100 percent protected from creditors. These retirement plans are exempt assets in both a Chapter 7 and a Chapter 13

If your IRA is the only resource you have to pay debt, you should consider filing for personal bankruptcy. Contact a Denver bankruptcy attorney at the law office of Greenwald & Hammond. We have helped hundreds of people in the greater Denver metro area get back on their feet by filing for personal bankruptcy. Learn more about whether Chapter 7 or Chapter 13 bankruptcy is right for you.

If You Have Already Taken a Loan from Your 401K

You can continue to repay that debt during your bankruptcy. You do not need to forfeit it in a bankruptcy proceeding. If you are making retirement contributions, you can continue to make them or you can start to make contributions when the bankruptcy is complete and you have fewer bills to pay.

Get Back on Track for Retirement

Many people are surprised to learn that they can continue to contribute to their retirement fund even after they have filed for bankruptcy. This is true under both Chapter 7 and Chapter 13 bankruptcy.

Contact Us Today

When you are ready for real solutions, contact the law office of Greenwald & Hammond, P.C. — real lawyers for real people. Your initial consultation is free. We serve clients throughout the Denver metro area and beyond, in Aurora, Brighton, Broomfield, Arvada, Golden, Littleton, and Parker.

We are a debt relief agency. We help people file for bankruptcy protection under the Bankruptcy Code.

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