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I am currently in chp 13 bankruptcy and owe 90,000 and pay

 
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  • Answered by:socrateaser
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Customer Question

I am currently in chp 13 bankruptcy and owe 90,000 and pay 1900 per month. I would like to get my federal retirement (FERS) out in a lump sum, can I do this? and do you calculate what it is worth today.

 

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Country relating to Question: United States
State (if USA): California

Submitted: 370 days and 2 hours ago.
Category: Bankruptcy Law
Value: $58
Status: CLOSED
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Expert:  cfortunato replied 370 days and 2 hours ago.


cfortunato :

Hi JACustomer,

cfortunato :

Is your question whether or not - aside from your Bankruptcy - you are allowed to take your FERS retirement in one lump sum?

cfortunato :

Or are you asking how the Bankruptcy court would deal with these funds if you did take a lump sum?

Customer :

both

Customer :

ok

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Expert:  socrateaser replied 370 days and 1 hours ago.

If your FERS was scheduled as an exempt asset for the purposes of your Chapter 13 plan, then your liquidation of those assets remains exempt from the bankruptcy trustee and your creditors, as long as you can trace your funds back to the retirement account.

Hope this helps.

NOTICE: My goal here is to educate the public about the law. Please help me in this effort by clicking Accept (or, click on one of the happy smiley faces/stars/etc., if applicable) for my Answer to your Question. If you have a subscription account, clicking Accept does not create any additional charge. It merely gets me credit for my Answer.

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Expert TypeAttorney
Category: Bankruptcy Law
Pos. Feedback: 98.9 %
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Answered: 5/2/2012

Experience: Attorney and Real Estate Broker -- Retired (mostly)

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Customer replied 370 days and 1 hours ago.

does this mean that fers will let you take your total retirement in a single payment? Thanks

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Expert:  socrateaser replied 370 days and 1 hours ago.

If you are leaving federal service, or you are already retired, I believe you can obtain a lump -sum distribution. See this link.

Hope this helps.

NOTICE: My goal here is to educate the public about the law. Please help me in this effort by clicking Accept (or, click on one of the happy smiley faces/stars/etc., if applicable) for my Answer to your Question. If you have a subscription account, clicking Accept does not create any additional charge. It merely gets me credit for my Answer.

And, if you need to contact me again, please put my user id at the beginning of your question ("To Socrateaser"), and the system will send me an alert. Thanks!

Please Click the following link for IMPORTANT LEGAL INFORMATION.

 
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