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Consumer Bankruptcy : Chapter 7, Chapter 13, Protection From Claims of Creditors
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Old 06-29-2009, 09:23 PM
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Join Date: Mar 2007
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Filing bankruptcy

What is the name of your state (only U.S. law)? Ohio
Can a person file bankruptcy if they have funds in a 401K and IRA? Also, can bankruptcy be filed if a spouse has filed 2 years ago?
  #2  
Old 06-29-2009, 11:08 PM
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Join Date: May 2001
Posts: 6,453
ERISA qualified accounts like 401k's and IRA's are exempt assets in a bk.
You may file a Chapter 7 8 years from the previous filing or a Chapter 13 4 years from a Chapter 7.
You can file an individual bk if, you didn't file jointly with your spouse.
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