
How Will Bankruptcy Affect My Retirement Accounts?
How Bankruptcy Affects Your 401k, IRA and Other Retirement Accounts
If you are considering bankruptcy, you may be wondering how it would affect your retirement accounts. Will your accounts be liquidated to pay creditors? Will you be able to preserve any portion of your retirement savings? Should you drain your 401k to pay down debt rather than file bankruptcy?
At RHM LAW LLP , we will answer all your bankruptcy-related questions, giving you the necessary information to make a sound decision about whether bankruptcy is the right solution for you. For legal advice tailored to your specific situation, call our firm at (213) 344-0043 to arrange a free consultation.
Can Creditors Touch My Retirement & 401K Funds?
Most of your retirement funds such as 401ks and other qualified retirement accounts are protected from creditors and untouchable by a bankruptcy trustee. Since these funds are protected by federal bankruptcy laws, it is rarely a good idea to cash in your retirement accounts to pay off your debts.
In a Chapter 7 bankruptcy, most retirement accounts are classified as exemptions under the Bankruptcy Code. That means these accounts cannot be liquidated to pay your creditors. Under Chapter 13 bankruptcy, none of your assets are taken from you. The monthly repayment plan amount is determined by your income. Your retirement savings are only included in this amount if you want them to be.
Should I Borrow From My 401k to Pay Debts?
No! Before you needlessly drain your 401k or other retirement account to pay down debt, speak with our bankruptcy attorneys. Since retirement accounts are protected under federal bankruptcy law, you may be better off filing bankruptcy and preserving your retirement funds.
You should avoid touching your 401k if you are in debt for the following reasons:
- If you cash out your 401k, you could face steep penalties for early withdrawal and could be making your debt worse.
- If you transfer your 401k funds into another account, these funds will lose their retirement fund exemption status and will be accessible by creditors.
- Transferring funds into your 401k shortly before bankruptcy can also raise red flags with the bankruptcy trustee, who may think you are attempting to commit fraud by shielding assets from bankruptcy.
Your retirement savings represents years of hard work and sacrifice. Losing this nest egg is a major concern. Get the facts from bankruptcy lawyers who have your best interests in mind.
Southern California Bankruptcy law Firm
Do not let fears about losing your retirement accounts stop you from getting the debt relief you deserve. Count on RHM LAW LLP for trusted bankruptcy assistance. We welcome the chance to meet with you and evaluate your financial situation.
Contact our firm to schedule a free consultation today. We maintain offices in Los Angeles and Encino. Payment plans are available.
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We are a debt relief agency. We help people file for bankruptcy relief under the Bankruptcy Code.

RHM LAW LLP
Meet Our Los Angeles Bankruptcy Specialists
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M. Jonathan Hayes Senior Counsel
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Matt D. Resnik | Managing Partner Certified Bankruptcy Specialist
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Roksana D. Moradi-Brovia | Partner Certified Bankruptcy Specialist
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W. Sloan Youkstetter | Associate Attorney Certified Bankruptcy Specialist
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Russell J. Stong III | Associate Attorney Certified Bankruptcy Specialist
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David M. Kritzer Associate Attorney

Client Reviews
What Clients Say About Working With Us
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I worked with Matt and his team for about a year to get through the paperwork shuffle and my personal experience was nothing short of fantastic. Legal situations have a tendency to get hairy, but Matt and his staff conducted themselves with professionalism throughout the whole ordeal. To keep it short, let's just say he under-promised and over-delivered. Rarely would I ever say this about an attorney, but overall he was just a great guy. I would not hesitate to have him on my side of the courtroom again. World market is right across the street from his office and I even decided to get his staff a thank you / holiday gift card. World market has excellent craft beer BTW, try the Einstock White Ale. They also validate parking. That just shows this isn't a fake review.- Dean C.
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I filed bankruptcy with this firm 3 years ago and found that they are professional, friendly, and compassionate. I also met with their loan modification department. Unfortunately, they were unable to help because of the type of loan that I have. I really appreciated that they did not lie, waste my time, or take my money in an attempt to modify a loan that was not doable. I've since used their firm for a couple of minor issues and found all of the attorneys to be knowledgeable and considerate. Attorneys Simon and Resnik are amazing!- Shannon J.
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I worked with David Kritzer at this firm, and he was great. He negotiated on my behalf with a credit card company and was able to settle with them for much lower than I could have on my own thanks to his knowledge and expertise in the field. If you have a debtor on your back go to him to get it taken care of.- Kelly S.
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Matt is the best bankruptcy attorney in Sherman Oaks. I consulted with Matt over a chapter 7 bankruptcy. I had issues with overwhelming credit card debt after Chase increased it's APR for no reason. It set off a chain of events that were really hurting me. He made me feel like I had options, all was not lost, and I could rebuild my credit after the 7. I had some concerns about a piece of property I was having issues with and Matt also turned out to be a real estate lawyer as well! I recommend this office to anyone who is unsure of their financial situation. It doesn't hurt to find out your options.- Max B.
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Matt and his team are the best!! They were thorough, extremely knowledgeable, wonderful to deal with, thoughtful, and really helped guide me through what was one of the toughest times in my life. I never felt judged or looked down on. They were efficient and really were lifesavers during this tough time. I can not recommend them highly enough!!!!- Rusty H.
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Dear Mr. Resnik: We wanted to thank you for your professional handling of our loan modification with GMAC mortgage. We are very happy that you were able to accomplish the modification of our loan in such a short period of time. Thank you again for your professional service.
- W and B Mejia -
This is to thank you for the exceptional work of you and your fine staff. In managing my bankruptcy and loan modification, a nearly five-year effort, your performance was stellar. I never felt alone or adrift, key concerns in those circumstances. The outcome was outstanding. As the dank blanket of economic uncertainty continues to depress the hopes of many of us, I keep your business cards and number available for others. Without hyperbole, I can attest that you are present a beacon. Thank you so much.- K.C.
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Thank you for your great work on behalf of Ms. Johnson. Without the support of pro bono attorneys we couldn't do all the work we need to do, and your firm in particular is outstanding.
- Skip K. -
Fantastic office! I want to thank Matt for taking his time with me and sincere in his assistance. He spent over an hour with me for free during our initial consult. I left knowing exactly what's needed. He not only saved my house but also got rid of all my debt. They are not your typical attorneys and their creativity really allowed me to do things that other attorneys never mentioned in previous consults. Affordable and Outstanding firm and thank you for all you have done! My family thanks you!- David K.

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A Summary of Bankruptcy Law: Third Edition
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Summary of Chapter 13