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Use 401K to avoid chapter 7 bankruptcy?

I have a good deal of credit card debt and don't see any way to avoid filing for chapter 7 bankruptcy other than taking money from my 401k (I'm only 45). Does that make sense so I can afford trashing my credit rating with a bankruptcy?

401k and bankruptcy

The reason we only offer general information on this site is that most questions that are posted are like yours:  The answer is highly dependent upon your situation and facts not presented in the question.  However, generally speaking, using a 401k in that situation is not a good idea.  Strictly from a long term planning point of view, your 401k is huge part of your financial future.  You should do nothing to limit your options or to reduce the tax and planning benefits that come from the 401k.  Also, your 401k is exempt, meaning you can keep it even if you file bankruptcy.  And if you take money from your 401k prematurely, you may have to pay taxes and a large penalty.  Most bankruptcy attorneys offer a free initial consultation.  If I were in your shoes, I would discuss your situation with a Massachusetts bankruptcy lawyer who can consider your situation in a more thoughtful and in-depth manner.  She will then be able to offer her opinion about your best course of action. Good luck.

 

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