Can I apply for retirement while waiting for my bankruptcy discharge?

Get Legal Help Today

 Secured with SHA-256 Encryption

Can I apply for retirement while waiting for my bankruptcy discharge?

Am filing for Chapter 7 bankruptcy and want to know if I can apply for retirement or wait until my bankruptcy is discharge?

Asked on April 26, 2012 under Bankruptcy Law, Arizona

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

Whether you decide to apply for retirement and potentially retirement benefits pending a court order with respect to your Chapter 7 bankruptcy discharge should have no adverse outcome on you retiring in that when you filed for bankruptcy protection, the date of such filing sets the date with respect to those debts that you seek to discharge.

As such, it is your choice as to decide with the assistance of your presumed bankruptcy attorney when you wish to actually file for such bankruptcy protection and when you wish to apply for retirement benefits and to see if there is an advantage to wait until after you file for bankruptcy protection before you seek retirement benefits. Personally, I see no real issue when you wish to do either from what you have written.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

 Secured with SHA-256 Encryption