One of your valuable asset is your retirement account in comparison to anything. It is the most secured source of your future income. It helps you to maintain a stress free life as you need not think about the money during your golden age. So, you should take care of your retirement account efficiently. .
1. Though, most of the retirement savings remains unaffected by the bankruptcy as the funds generally are not property of the estate or else are exempt from the creditor claims. But, if the retirement savings which are property of the estate like the IRA or the Keogh plan, the debtor can file for exemptions. The property which is exempted can be removed from the estate straight away.
2. Under the Chapter 7 Bankruptcy a defined benefit plan is generally exempt and in case of the Chapter 13 Bankruptcy, most of the defined benefit plans don’t have any effect on the person filing for the bankruptcy. Because, it is the employer who is mainly contributing towards the pension fund. It is not the debtor who is making any kind of contribution from his income.
3. The defined contribution plan is exempt too and is non-issue under Chapter 7 Bankruptcy just like the defined benefit plan. But, in case of Chapter 13 Bankruptcy, the voluntary contribution by you may be stopped during the bankruptcy repayment plan. This is mainly because, making any kind of contribution from your wages means taking away the money that would have been available for the repayment of your creditors.
However, if the employer you’re working with requires you to participate in the contribution plan, you may be allowed to contribute even if you are making debt payments under the Chapter 13 repayment plan.
You need to understand some important things to protect your retirement income when thinking about bankruptcy such as:
. Any kind of qualified retirement plans are tax exempt and the tax exempt retirement savings funds are automatically exempted by the Bankruptcy law.