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WALLSTREETESQ
WALLSTREETESQ, Attorney
Category: Bankruptcy Law
Satisfied Customers: 17080
Experience:  14 years exp., CH 7 AND 13 Bankruptcy cases, AFL-CIO UNION PLUS, UFT NYSID AND ALL MAJOR UNIONS
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If I filed for bankruptcy first and then filed for early retirement,

Customer Question

If I filed for bankruptcy first and then filed for early retirement, would that retirement check be a part of the bankruptcy case and have to be given to the bankruptcy court or is everything I get after the bankruptcy is filed mine?
Submitted: 5 years ago.
Category: Bankruptcy Law
Expert:  WALLSTREETESQ replied 5 years ago.

WALLSTREETESQ :

Hello I am a licensed attorney here to help you with your question, please review my response and do not hesitate to ask for clarificati on.

WALLSTREETESQ :

What type of retirement?

WALLSTREETESQ :

Please be aware, regardless of the timing of your bankruptcy most if not all retirement assets are protected or exempted from your bankruptcy filing.

WALLSTREETESQ :















































ERISA-qualified benefits



235-34A, 246-28



Private retirement benefits



32-41



Public employees



32-19



Savings bank employees



168-41, 168-44



PUBLIC BENEFITS



AFDC



118-10



Aid to ages, disabled



235-34



Unemployment compensation



151A-36



Veterans’ benefits



115-5



Workers’ compensation



152-47


WALLSTREETESQ :

The following table above is MASS bankruptcy exemptions, which means that your retirement funds if paid to you after filing is exempt

WALLSTREETESQ :

You can see the exemptions at the link above

Customer:

I am basically self employed although I work through a company and I get a 1099 at the end of the year.

WALLSTREETESQ and other Bankruptcy Law Specialists are ready to help you
Expert:  WALLSTREETESQ replied 5 years ago.
Then you should have no issues, as you can file bankruptcy and any assets held in retirement accounts such as an IRA or 401k will be exempted from the bankruptcy or creditors.