While filing Ch 13, can I withdraw from 401k to get current with mortgage, utilities, etc?

How will it affect bankruptcy and payments made to trustee?

Asked on December 13, 2010 under Bankruptcy Law, Illinois

Answers:

Mark J. Markus / Mark J. Markus, Law Offices of

Answered 9 years ago | Contributor

You should double check with an attorney in your area, but I don't see any problem with withdrawing money from your 401k to do that.  The only thing you need to factor in to your decision making is the tax consequences of withdrawing the money.  Since you must stay current with all taxes incurred during the pendency of your Chapter 13 case, and withdrawing money may result in a tax liability, you need to be sure you will be able to pay those taxes when due, taking into account the other expenses you have including ongoing Chapter 13 plan payments.

Mark J. Markus, Attorney at Law
http://www.bklaw.com/ 

Mark J. Markus / Mark J. Markus, Law Offices of

Answered 9 years ago | Contributor

You should double check with an attorney in your area, but I don't see any problem with withdrawing money from your 401k to do that.  The only thing you need to factor in to your decision making is the tax consequences of withdrawing the money.  Since you must stay current with all taxes incurred during the pendency of your Chapter 13 case, and withdrawing money may result in a tax liability, you need to be sure you will be able to pay those taxes when due, taking into account the other expenses you have including ongoing Chapter 13 plan payments.

Mark J. Markus, Attorney at Law
http://www.bklaw.com/ 


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