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  1. #1
    james stuart is offline Junior Member
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    cashing my 401k in a 13

    What is the name of your state (only U.S. law)? wisconsin
    I am in chapter 13.i am currently on unemployment.i wanted to cash out my 401k.How can I cash in and receive the check?I understand I am suppossed to go through my lawyer and trustee but I am going to quit the chapter 13 and refile for a 7 with a different lawyer and need the money to do so.One of the reasons I want to cash it out is to pay a different lawyer to file my 7.I closed my business and had a wage garnishment so I am concerned that that if I removed myself from the 13,then tried to cash it in,they would intercept the check for the garnishment.What would be the best way to cash it in and physically receive the check and not get in trouble?What is the name of your state (only U.S. law)?
  2. #2
    bigun is offline Senior Member
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    Not sure I understand why you can't just take the check to your bank and cash it?
  3. #3
    selador is offline Junior Member
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    Quote Originally Posted by bigun View Post
    Not sure I understand why you can't just take the check to your bank and cash it?
    He's not asking how can he cash a check.

    He doesn't have the check yet.

    He's asking how can he "cash-out" his 401k so that he is given a check, without it being garnished.
  4. #4
    james stuart is offline Junior Member
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    right.im wondering how i can go about actually getting the check.if i cash out right now,will i still receive the check and the trustee just want me to turn it over and if i dont i would be kicked out of the chapter 13,correct?or do they intercept it on their own?
  5. #5
    bigun is offline Senior Member
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    If you're in an active 13, you enjoy the protection of the automatic stay against collection activity. Nobody is going to garnish anything.
    Since you'll soon be converting from a 13 to a 7, using 401K money to pay legal fees and other living expenses is a justifable use of funds.
    Contact the attorney you'll use to convert and see if they've any better idea.
  6. #6
    james stuart is offline Junior Member
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    ok,thank you.so what happens if i cash in my 401k and dont say or do anything?do they just terminate my chapter 13?I do not like my current lawer.I paid them the money up front and gave them everything they needed and it took them a year to file.i had an increase in pay and was just over the limit to file a chapter 7 so i want to switch to a different lawyer this time.
  7. #7
    bigun is offline Senior Member
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    If you stop making the plan payments the Chapter 13 will be dismissed in a few months and you lose the protection of the automatic stay. Go ahead and get your 401K now and keep it in your sock drawer and away from creditors while you look for a lawyer to file the Chapter 7.

    I'd not be in a rush to file the 7. You want to have a job that does include access to health insurance. In other words a basic safety net. You don't want to file Chapter 7 and 6 months later have an accident or illness and large hospital bills you can't pay and already played the Chapter 7 card.
    Unless you absolutely have no other choice, I'd keep the 401k in tact. It is an exempt asset.
  8. #8
    james stuart is offline Junior Member
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    my wife works for the state so we do have pretty good insurance.right now i am currently on unemployment so the money could come in pretty handy.i had a wage garnsihment that was taking 25% of my paycheck before i filed and would want to file right away so that doesnt resume.i just didnt know if i cashed out my 401k if the trustee would intercept the check before i even received it,or if i would be in trouble for not turning it over.if i just get the boot from the 13 thats okay because i have already stopped paying and will be leaving the bk anyway.thanks for your help.
    i dont have a lot in there but it will be enough to file the 7 and replace the truck i will lose when i switch chapters.
    Last edited by james stuart; 07-29-2011 at 04:24 PM.
  9. #9
    racer72 is offline Senior Member
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    Don't forget that nasty 10 percent penalty you are going to pay for an early withdrawl. This is on top of any income taxes that will be deducted from your payout.
    If you feel my answer is rude, mean, snarky or in anyway not to your liking, I did my job. You don't need to tell me.

    No private messages, I do not reply to them.
  10. #10
    james stuart is offline Junior Member
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    yeah,i figured in all,its going to be a little over 40% with taxes and penatlies.

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