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Texas Atty
Texas Atty, Attorney
Category: Bankruptcy Law
Satisfied Customers: 32154
Experience:  JD
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My husband and I are having to file bankruptcy since we own

Customer Question

My husband and I are having to file bankruptcy since we own our company and work has ceased. He is 70 and I am 66 we both get social security and that is now our only source of income other than I get a $115 and $195 monthly retirement check. Will the bankruptcy be able to take these monthly retirement checks?
Submitted: 4 months ago.
Category: Bankruptcy Law
Expert:  Texas Atty replied 4 months ago.

Hello and thank you for contacting us. This is Dwayne B. and I’m an expert here and looking forward to assisting you today. If at any point any of my answers aren’t clear please don’t hesitate to ask for clarification. Also, I can only answer the questions you specifically ask and based on the facts that you give so please be sure that you ask the questions you want to ask and provide all necessary facts. Please note: This is general information for educational purposes only and is not legal advice. No specific course of action is proposed herein, and no attorney-client relationship or privilege is formed by speaking to an expert on this site. By continuing, you confirm that you understand and agree to these terms.

Where do the monthly retirement checks come from? Is it a pension plan and, if so, what kind of company or was it the government?

The Social Security checks are safe from anything except government debts or child support.

Customer: replied 4 months ago.
The retirement checks come from a pension plan
Expert:  Texas Atty replied 4 months ago.

Is it from a private company's pension plan?

Customer: replied 4 months ago.
I think so one is from Allina health care Clinic and Star Tribune newspaper I worked for.
Expert:  Texas Atty replied 4 months ago.

OKay, this is covered by Washington State statute 6.15.010 (3) which you can see at

The pertinent part of that section states:

(3) The right of a person to a pension, annuity, or retirement allowance or disability allowance, or death benefits, or any optional benefit, or any other right accrued or accruing to any citizen of the state of Washington under any employee benefit plan, and any fund created by such a plan or arrangement, shall be exempt from execution, attachment, garnishment, or seizure by or under any legal process whatever.

Customer: replied 4 months ago.
That answers my question thank you
Expert:  Texas Atty replied 4 months ago.

You're very welcome.

If your question has been answered then I'd offer my best wishes to you and ask that you please not forget to leave a Positive Rating so I receive credit for my work.

Of course, please feel free to ask any follow up questions in this thread. I want to be sure that all of your questions are answered. In addition, once you issue your Positive Rating the question will lock open and you can come back to it anytime in the future if you think of something else.