If I have 2 loans with my 401K plan, can one file bankruptcy on those loans?
Question Details:
I am 60 years old.
I don't know what you mean by "file bankruptcy on". If you're asking whether the "obligation" can be discharged in a bankruptcy case, the answer is no. Primarly because it is not really a loan. You are repaying yourself. What it is, is a distribution from your retirement (which is income) but if you put the money back in a certain time period, the US Government won't treat it as taxable income. If you don't repay it in time, it becomes taxable income to you. Either way, it's not a debt.
Mark J. Markus, Attorney at Law
Handling exclusively bankruptcy law cases in California since 1991.
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