Early IRA or 401K distributions as income on the means test

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#2 income other than employment
Shannon A. Doyle
Attorney at Law
100 N. Barranca Avenue, Suite 250
West Covina, CA 91791-1600
Tel: (626) 646-2555
Fax: (626) 332-8644
www.blclaw.com

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Yahoo Bot
Posts: 22904
Joined: Sun Oct 18, 2020 11:38 pm


Where on the SOFA? #1 as income?
I don't think it's a transfer under #10, so I don't know where else it
would be disclosed.
Holly Roark
holly@roarklawoffices.com
www.roarklawoffices.com
Central District of California
Consumer Bankruptcy Attorney
1875 Century Park East, Suite 600
Los Angeles, CA 90067
T (310) 553-2600
F (310) 553-2601
On Fri, Aug 17, 2012 at 7:32 AM, Shannon Doyle wrote:
> **
>
>
> Yes it is income. Wait until the six month period lapses before filing. If
> you have to file sooner you can argue special circumstances but best to
> avoid that if possible. It also has to be disclosed on SOFA so make sure
> the funds were spent on necessary living expenses. ****
>
> ** **
>
> ** **
>
> Shannon A. Doyle****
>
> Attorney at Law****
>
> [image: small logo]****
>
> 100 N. Barranca Avenue, Suite 250****
>
> West Covina, CA 91791-1600****
>
> Tel: (626) 646-2555****
>
> Fax: (626) 332-8644****
>
> www.blclaw.com ****
>
> ** **
>
> *From:* cdcbaa@yahoogroups.com [mailto:cdcbaa@yahoogroups.com] *On Behalf
> Of *Holly Roark
> *Sent:* Thursday, August 16, 2012 6:54 PM
>
> *To:* cdcbaa@yahoogroups.com
> *Subject:* Re: [cdcbaa] Early IRA or 401K distributions as income on the
> means test****
>
> ** **
>
> ****
>
> PS - I just learned that the 401K funds which were cashed out early and
> within the 6 month CMI period were all earned prior to marriage. The
> spouse who cashed out the funds is not filing. The funds were deposited
> into a joint account, so I understand that may defeat the presumption of
> separate property, but does it change the analysis with respect to whether
> it would be considered income on the means test of the filing spouse? Any
> family law specialists are welcomed to chime in!
>
>
> ****
>
> Holly Roark****
>
> holly@roarklawoffices.com****
>
> www.roarklawoffices.com****
>
> Central District of California****
>
> Consumer Bankruptcy Attorney****
>
> 1875 Century Park East, Suite 600****
>
> Los Angeles, CA 90067****
>
> T (310) 553-2600****
>
> F (310) 553-2601****
>
> ****
>
>
>
> ****
>
> On Thu, Aug 16, 2012 at 6:34 PM, Holly Roark
> wrote:****
>
> Hello, I just found this thread by searching the CDCBAA listserv database
> for the issue of whether an early 401K distribution is "income" on Form
> 22A. I have also researched the issue online and found various cases and
> this article:
> http://journal.abi.org/sites/default/fi ... /point.pdf****
>
> ****
>
> It appears that there is a split of authority on the issue, but that the
> UST considers the early distribution from a 401K to be income and should be
> listed on Form 22A. This thread is nearly a year old and I am wondering
> whether to anyone's knowledge the UST has changed their position on this
> since a year ago. ****
>
> ****
>
> I am filing a Chapter 7 in Riverside tomorrow and am wondering whether in
> Riverside the Debtor is expected to include an early 401K distribution as
> income on the means test. ****
>
> ****
>
> I agree with the reasoning in the *Cram* case (Idaho) cited in this
> thread which held that the funds held in the Debtors' 401(k) account were
> "received" as income when they were earned and deposited into that account,
> which was in some unspecified period of time preceding the six-month CMI
> period, and that the subsequent distribution from the 401(k) during that
> six-month period is not "income . . . the debtor receives" for purposes of
> 101(10A)(A). ****
>
> ****
>
> *Does anyone have an update on this issue, especially with respect to how
> it is dealt with in Riverside?* ****
>
> ****
>
> I can certainly explain that this was a "one time" distribution and not
> regularly occuring, and I don't think it will be a problem to qualify for a
> Chapter 7, but ideally I would like to be able to not include it on Form
> 22A if I don't have to. ****
>
> ****
>
> Thanks.****
>
> ****
>
> ****
>
> Holly Roark****
>
> holly@roarklawoffices.com****
>
> www.roarklawoffices.com****
>
> Central District of California****
>
> Consumer Bankruptcy Attorney****
>
> 1875 Century Park East, Suite 600****
>
> Los Angeles, CA 90067****
>
> T (310) 553-2600****
>
> F (310) 553-2601****
>
> ****
>
>
>
> ****
>
> On Wed, Nov 16, 2011 at 1:48 PM, Nicholas Gebelt
> wrote:****
>
> ****
>
> Dear Steven,****
>
> ****
>
> I agree with Jim that the reasoning in those cases is persuasive.
> However, it is not binding on any Central District judges. On October 21 I
> included the following in a post on the subject:****
>
> ****
>
> According to the UST's line by line instructions for completing Form 22A (
> http://www.justice.gov/ust/eo/bapcpa/do ... y_line.pdf), which is
> dated April 23, 2010:****
>
> ****
>
> Unless a circuit court has decided an issue to the contrary, United States
> Trustees should, absent unusual circumstances, maintain these positions
> when interpreting section 707(b). . . . Line 7, Pension and retirement
> income. . . . *Includes all other retirement, including government,
> 401(k), and IRA*.****
>
> ****
>
> Therefore, while the Eighth Circuit may be okay with not listing these
> distributions as income, until the Ninth Circuit rules on the question if
> you fail to list either IRA income or 401(k) income you're asking for
> trouble.****
>
> ****
>
> Your client may end up being the test case. Therefore, make sure to have
> your client sign a statement to the effect that he/she understands that the
> question hasn't been decided in the Central District, and is willing to
> test the waters. Then file the chapter 7 with the understanding that there
> is a potential for either a fight with the UST (based on the official UST
> position quoted above), or a conversion to chapter 13.****
>
> ****
>
> Good luck,****
>
> ****
>
> Nick****
>
> ****
>
> Nicholas Gebelt, Ph.D., J.D.****
>
> Certified Bankruptcy Specialist****
>
> ****
>
> [image: Description: cid:image003.jpg@01CC076B.B14D73C0]****
>
> ****
>
> Law Offices of Nicholas Gebelt****
>
> 15150 Hornell Street****
>
> Whittier, CA 90604****
>
> Phone: 562.777.9159****
>
> FAX: 562.946.1365****
>
> Email: ngebelt@goodbye2debt.com; ngebelt@gebeltlaw.com****
>
> Web: www.goodbye2debt.com****
>
> Blog: www.southerncaliforniabankruptcylawblog.com/ ****
>
> ****
>
> *We are a debt relief agency. We help people file for bankruptcy relief
> under the Bankruptcy Code.*****
>
> ****
>
> Confidentiality Note: This e-mail is intended only for the person or
> entity to which it is addressed and may contain information that is
> privileged, confidential, or otherwise protected from disclosure.
> Dissemination, distribution, or copying of this e-mail or the information
> herein by anyone other than the intended recipient, or an employee or agent
> responsible for delivering the message to the intended recipient, is
> prohibited. If you have received this e-mail in error, please notify us
> immediately at 562.777.9159 or e-mail info@gebeltlaw.com and destroy the
> original message and all copies.****
>
> ****
>
> Representation Note: If you have not signed a contract of representation,
> the Law Offices of Nicholas Gebelt do not represent you, and this email
> does not contain any legal advice for you.****
>
> ****
>
> *IRS Circular 230 Disclosure: In order to comply with the requirements
> imposed by the Internal Revenue Service, we inform you that any U.S. tax
> advice contained in this communication (including any attachments) is not
> intended to be used, and cannot be used, for the purpose of (i) avoiding
> penalties under the Internal Revenue code, or (ii) promoting, marketing, or
> recommending to another party any transaction or matter addressed herein.*
> ****
>
> ****
>
> *From:* cdcbaa@yahoogroups.com [mailto:cdcbaa@yahoogroups.com] *On Behalf
> Of *Steven B. Lever
> *Sent:* Wednesday, November 16, 2011 1:23 PM****
>
>
> *To:* cdcbaa@yahoogroups.com
> *Subject:* RE: [cdcbaa] Early IRA or 401K distributions as income on the
> means test****
>
> ****
>
> ****
>
> OK, so having read the *Cram* decision and the *Zahn* decision in the 8thCircuit BAP, overruling the trial court determination that IRA
> distributions are income; In re Zahn, 391 B.R. 840 (B.A.P. 8th Cir.,
> 2008) it appears that at least for Chapter 13s, as these were both 13s,
> that you DO NOT HAVE TO INCLUDE RETIREMENT DISTRIBUTIONS IN 22C. Since *
> Cram* is not binding, but in the 9th Circuit, and *Zahn* is not binding
> because in the 8th Circuit, that the aforementioned all capital letters
> rule holds for 13s, and would presumably be transferable logic in a Chapter
> 7 case using 22A. ****
>
> ****
>
> So it seems I can tell my retirement raiding client attempting a 7 that
> there is no problem. Is that right?****
>
> ****
>
> *From:* cdcbaa@yahoogroups.com [mailto:cdcbaa@yahoogroups.com] *On Behalf
> Of *Jim Selth
> *Sent:* Wednesday, November 16, 2011 11:15 AM
> *To:* cdcbaa@yahoogroups.com
> *Subject:* RE: [cdcbaa] Early IRA or 401K distributions as income on the
> means test****
>
> ****
>
> ****
>
> See also *In re Cram*, 414 B.R. 674 (Bkrtcy. D.Idaho 2009):****
>
> ****
>
> The funds held in the Debtors 401(k) account were received as income
> when they were earned and deposited into that account, which the parties
> agree was in some unspecified period of time preceding the six-month CMI
> period. The subsequent distribution from the 401(k) during that six-month
> period is not income ... the debtor receives for purposes of
> 101(10A)(A).****
>
> ****
>
> Jim****
>
> ****
>
> James R. Selth****
>
> Certified Bankruptcy Specialist*****
>
> Weintraub & Selth, APC****
>
> 11766 Wilshire Boulevard, Suite 1170****
>
> Los Angeles, California 90025****
>
> Telephone: (310) 207-1494****
>
> Facsimile: (310) 442-0660****
>
> E-Mail: jim@wsrlaw.net****
>
> ****
>
> *Certified by State Bar of California as Certified Legal Specialist in
> Bankruptcy Law****
>
> ****
>
> *From:* cdcbaa@yahoogroups.com [mailto:cdcbaa@yahoogroups.com] *On Behalf
> Of *P L
> *Sent:* Tuesday, November 15, 2011 3:20 PM
> *To:* cdcbaa@yahoogroups.com
> *Subject:* Re: [cdcbaa] Early IRA or 401K distributions as income on the
> means test****
>
> ****
>
> ****
>
> See In re Zahn.****
>
> ****
>
> Peter M. Lively, JD, MBA****
>
> *The Personal Financial Law Center*****
>
> A-Bankruptcy-Attorney.com****
>
> Culver City (310) 391-2400****
>
> ****
>
> *From:* Steven B. Lever
> *To:* cdcbaa@yahoogroups.com
> *Sent:* Tuesday, November 15, 2011 3:09 PM
> *Subject:* [cdcbaa] Early IRA or 401K distributions as income on the
> means test****
>
> ****
>
> OK, Ive postponed filing cases when early retirement distributions were
> received within the 6 month Means test window so that it fell off that time
> period in order to not trigger the 22A presumption, because I believe it is
> income that is counted. ****
>
> ****
>
> But now Im doubting these determinations because I have a case where I
> cannot wait and it will force me into a 13 instead of a Chapter 7. So I> putting it out there -- Is this income? ****
>
> ****
>
> If so, any way around it, such as giving it back it is within the
> timeframe to re-contribute (at the risk of a Dennis hyphenation demerit)
> it?****
>
> ****
>
> Steve ****
>
> ****
>
> Law Offices of Steven B. Lever****
>
> > ****
>
> > Steven B. Lever****
>
> >( Tel. (562) 436-5456 ext. 6470****
>
> >( Fax (800) 360-5161****
>
> >* sblever@leverlaw.com****
>
> > www.leverlaw.com****
>
> ****
>
> ****
> ------------------------------
>
> No virus found in this message.
> Checked by AVG - www.avg.com
> Version: 10.0.1411 / Virus Database: 2092/4020 - Release Date: 11/16/11***
> *
>
> ** **
>
> ** **
>
> ****
>
>
>

The post was migrated from Yahoo.
Yahoo Bot
Posts: 22904
Joined: Sun Oct 18, 2020 11:38 pm


Yes it is income. Wait until the six month period lapses before filing. If you have to file sooner you can argue special circumstances but best to avoid that if possible. It also has to be disclosed on SOFA so make sure the funds were spent on necessary living expenses.
Shannon A. Doyle
Attorney at Law
100 N. Barranca Avenue, Suite 250
West Covina, CA 91791-1600
Tel: (626) 646-2555
Fax: (626) 332-8644
www.blclaw.com

The post was migrated from Yahoo.
Yahoo Bot
Posts: 22904
Joined: Sun Oct 18, 2020 11:38 pm


PS - I just learned that the 401K funds which were cashed out early and
within the 6 month CMI period were all earned prior to marriage. The
spouse who cashed out the funds is not filing. The funds were deposited
into a joint account, so I understand that may defeat the presumption of
separate property, but does it change the analysis with respect to whether
it would be considered income on the means test of the filing spouse? Any
family law specialists are welcomed to chime in!
Holly Roark
holly@roarklawoffices.com
www.roarklawoffices.com
Central District of California
Consumer Bankruptcy Attorney
1875 Century Park East, Suite 600
Los Angeles, CA 90067
T (310) 553-2600
F (310) 553-2601
On Thu, Aug 16, 2012 at 6:34 PM, Holly Roark wrote:
> Hello, I just found this thread by searching the CDCBAA listserv database
> for the issue of whether an early 401K distribution is "income" on Form
> 22A. I have also researched the issue online and found various cases and
> this article:
> http://journal.abi.org/sites/default/fi ... /point.pdf
>
> It appears that there is a split of authority on the issue, but that the
> UST considers the early distribution from a 401K to be income and should be
> listed on Form 22A. This thread is nearly a year old and I am wondering
> whether to anyone's knowledge the UST has changed their position on this
> since a year ago.
>
> I am filing a Chapter 7 in Riverside tomorrow and am wondering whether in
> Riverside the Debtor is expected to include an early 401K distribution as
> income on the means test.
>
> I agree with the reasoning in the *Cram* case (Idaho) cited in this
> thread which held that the funds held in the Debtors' 401(k) account were
> "received" as income when they were earned and deposited into that account,
> which was in some unspecified period of time preceding the six-month CMI
> period, and that the subsequent distribution from the 401(k) during that
> six-month period is not "income . . . the debtor receives" for purposes of
> 101(10A)(A).
>
> *Does anyone have an update on this issue, especially with respect to how
> it is dealt with in Riverside?*
>
> I can certainly explain that this was a "one time" distribution and not
> regularly occuring, and I don't think it will be a problem to qualify for a
> Chapter 7, but ideally I would like to be able to not include it on Form
> 22A if I don't have to.
>
> Thanks.
>
>
> Holly Roark
> holly@roarklawoffices.com
> www.roarklawoffices.com
> Central District of California
> Consumer Bankruptcy Attorney
> 1875 Century Park East, Suite 600
> Los Angeles, CA 90067
> T (310) 553-2600
> F (310) 553-2601
>
>
>
>
> On Wed, Nov 16, 2011 at 1:48 PM, Nicholas Gebelt wrote:
>
>> **
>>
>>
>> Dear Steven,****
>>
>> ** **
>>
>> I agree with Jim that the reasoning in those cases is persuasive.
>> However, it is not binding on any Central District judges. On October 21 I
>> included the following in a post on the subject:****
>>
>> ** **
>>
>> According to the UST's line by line instructions for completing Form 22A (
>> http://www.justice.gov/ust/eo/bapcpa/do ... y_line.pdf), which
>> is dated April 23, 2010:****
>>
>> ** **
>>
>> Unless a circuit court has decided an issue to the contrary, United
>> States Trustees should, absent unusual circumstances, maintain these
>> positions when interpreting section 707(b). . . . Line 7, Pension and
>> retirement income. . . . *Includes all other retirement, including
>> government, 401(k), and IRA*.****
>>
>> ** **
>>
>> Therefore, while the Eighth Circuit may be okay with not listing these
>> distributions as income, until the Ninth Circuit rules on the question if
>> you fail to list either IRA income or 401(k) income you're asking for
>> trouble.****
>>
>> ** **
>>
>> Your client may end up being the test case. Therefore, make sure to have
>> your client sign a statement to the effect that he/she understands that the
>> question hasn't been decided in the Central District, and is willing to
>> test the waters. Then file the chapter 7 with the understanding that there
>> is a potential for either a fight with the UST (based on the official UST
>> position quoted above), or a conversion to chapter 13.****
>>
>> ** **
>>
>> Good luck,****
>>
>> ** **
>>
>> Nick****
>>
>> ** **
>>
>> Nicholas Gebelt, Ph.D., J.D.****
>>
>> Certified Bankruptcy Specialist****
>>
>> ** **
>>
>> [image: Description: cid:image003.jpg@01CC076B.B14D73C0]****
>>
>> ** **
>>
>> Law Offices of Nicholas Gebelt****
>>
>> 15150 Hornell Street****
>>
>> Whittier, CA 90604****
>>
>> Phone: 562.777.9159****
>>
>> FAX: 562.946.1365****
>>
>> Email: ngebelt@goodbye2debt.com; ngebelt@gebeltlaw.com****
>>
>> Web: www.goodbye2debt.com****
>>
>> Blog: www.southerncaliforniabankruptcylawblog.com/ ****
>>
>> ** **
>>
>> *We are a debt relief agency. We help people file for bankruptcy relief
>> under the Bankruptcy Code.***
>>
>> ** **
>>
>> Confidentiality Note: This e-mail is intended only for the person or
>> entity to which it is addressed and may contain information that is
>> privileged, confidential, or otherwise protected from disclosure.
>> Dissemination, distribution, or copying of this e-mail or the information
>> herein by anyone other than the intended recipient, or an employee or agent
>> responsible for delivering the message to the intended recipient, is
>> prohibited. If you have received this e-mail in error, please notify us
>> immediately at 562.777.9159 or e-mail info@gebeltlaw.com and destroy the
>> original message and all copies.****
>>
>> ** **
>>
>> Representation Note: If you have not signed a contract of
>> representation, the Law Offices of Nicholas Gebelt do not represent you,
>> and this email does not contain any legal advice for you.****
>>
>> ** **
>>
>> *IRS Circular 230 Disclosure: In order to comply with the requirements
>> imposed by the Internal Revenue Service, we inform you that any U.S. tax
>> advice contained in this communication (including any attachments) is not
>> intended to be used, and cannot be used, for the purpose of (i) avoiding
>> penalties under the Internal Revenue code, or (ii) promoting, marketing, or
>> recommending to another party any transaction or matter addressed herein.
>> *****
>>
>> ** **
>>
>> *From:* cdcbaa@yahoogroups.com [mailto:cdcbaa@yahoogroups.com] *On
>> Behalf Of *Steven B. Lever
>> *Sent:* Wednesday, November 16, 2011 1:23 PM
>>
>> *To:* cdcbaa@yahoogroups.com
>> *Subject:* RE: [cdcbaa] Early IRA or 401K distributions as income on the
>> means test****
>>
>> ** **
>>
>> ****
>>
>> OK, so having read the *Cram* decision and the *Zahn* decision in the 8thCircuit BAP, overruling the trial court determination that IRA
>> distributions are income; In re Zahn, 391 B.R. 840 (B.A.P. 8th Cir.,
>> 2008) it appears that at least for Chapter 13s, as these were both 13s,
>> that you DO NOT HAVE TO INCLUDE RETIREMENT DISTRIBUTIONS IN 22C. Since *
>> Cram* is not binding, but in the 9th Circuit, and *Zahn* is not binding
>> because in the 8th Circuit, that the aforementioned all capital letters
>> rule holds for 13s, and would presumably be transferable logic in a Chapter
>> 7 case using 22A. ****
>>
>> ****
>>
>> So it seems I can tell my retirement raiding client attempting a 7 that
>> there is no problem. Is that right?****
>>
>> ****
>>
>> *From:* cdcbaa@yahoogroups.com [mailto:cdcbaa@yahoogroups.com] *On
>> Behalf Of *Jim Selth
>> *Sent:* Wednesday, November 16, 2011 11:15 AM
>> *To:* cdcbaa@yahoogroups.com
>> *Subject:* RE: [cdcbaa] Early IRA or 401K distributions as income on the
>> means test****
>>
>> ****
>>
>> ****
>>
>> See also *In re Cram*, 414 B.R. 674 (Bkrtcy. D.Idaho 2009):****
>>
>> ****
>>
>> The funds held in the Debtors 401(k) account were received as income
>> when they were earned and deposited into that account, which the parties
>> agree was in some unspecified period of time preceding the six-month CMI
>> period. The subsequent distribution from the 401(k) during that six-month
>> period is not income ... the debtor receives for purposes of
>> 101(10A)(A).****
>>
>> ****
>>
>> Jim****
>>
>> ****
>>
>> James R. Selth****
>>
>> Certified Bankruptcy Specialist*****
>>
>> Weintraub & Selth, APC****
>>
>> 11766 Wilshire Boulevard, Suite 1170****
>>
>> Los Angeles, California 90025****
>>
>> Telephone: (310) 207-1494****
>>
>> Facsimile: (310) 442-0660****
>>
>> E-Mail: jim@wsrlaw.net****
>>
>> ****
>>
>> *Certified by State Bar of California as Certified Legal Specialist in
>> Bankruptcy Law****
>>
>> ****
>>
>> *From:* cdcbaa@yahoogroups.com [mailto:cdcbaa@yahoogroups.com] *On
>> Behalf Of *P L
>> *Sent:* Tuesday, November 15, 2011 3:20 PM
>> *To:* cdcbaa@yahoogroups.com
>> *Subject:* Re: [cdcbaa] Early IRA or 401K distributions as income on the
>> means test****
>>
>> ****
>>
>> ****
>>
>> See In re Zahn.****
>>
>> ****
>>
>> Peter M. Lively, JD, MBA****
>>
>> *The Personal Financial Law Center*****
>>
>> A-Bankruptcy-Attorney.com****
>>
>> Culver City (310) 391-2400****
>>
>> ****
>>
>> *From:* Steven B. Lever
>> *To:* cdcbaa@yahoogroups.com
>> *Sent:* Tuesday, November 15, 2011 3:09 PM
>> *Subject:* [cdcbaa] Early IRA or 401K distributions as income on the
>> means test****
>>
>> ****
>>
>> OK, Ive postponed filing cases when early retirement distributions were
>> received within the 6 month Means test window so that it fell off that time
>> period in order to not trigger the 22A presumption, because I believe it is
>> income that is counted. ****
>>
>> ****
>>
>> But now Im doubting these determinations because I have a case where I
>> cannot wait and it will force me into a 13 instead of a Chapter 7. So Im
>> putting it out there -- Is this income? ****
>>
>> ****
>>
>> If so, any way around it, such as giving it back it is within the
>> timeframe to re-contribute (at the risk of a Dennis hyphenation demerit)
>> it?****
>>
>> ****
>>
>> Steve ****
>>
>> ****
>>
>> Law Offices of Steven B. Lever****
>>
>> > ****
>>
>> > Steven B. Lever****
>>
>> >( Tel. (562) 436-5456 ext. 6470****
>>
>> >( Fax (800) 360-5161****
>>
>> >* sblever@leverlaw.com****
>>
>> > www.leverlaw.com****
>>
>> ****
>>
>> ****
>> ------------------------------
>>
>> No virus found in this message.
>> Checked by AVG - www.avg.com
>> Version: 10.0.1411 / Virus Database: 2092/4020 - Release Date: 11/16/11**
>> **
>>
>> ****
>>
>>
>>
>
>
PS - I just learned that the 401K funds which were cashed out early and within the 6 month CMI period were all earned prior to marriage. The spouse who cashed out the funds is not filing. The funds were deposited into a joint account, so I understand that may defeat the presumption of separate property, but does it change the analysis with respect to whether it would be considered income on the means test of the filing spouse? Any family law specialists are welcomed to chime in!
Holly Roark
holly@roarklawoffices.com
www.roarklawoffices.com
Central District of California
Consumer Bankruptcy Attorney
1875 Century Park East, Suite 600
Los Angeles, CA 90067
T (310) 553-2600
F (310) 553-2601
On Thu, Aug 16, 2012 at 6:34 PM, Holly Roark <
Hello, I just found this thread by searching the CDCBAA listserv database forthe issue of whether an early 401K distribution is "income" on Form 22A. I have also researched the issue online and found various cases and this article:http://journal.
The post was migrated from Yahoo.
Yahoo Bot
Posts: 22904
Joined: Sun Oct 18, 2020 11:38 pm


Hello, I just found this thread by searching the CDCBAA listserv database
for the issue of whether an early 401K distribution is "income" on Form
22A. I have also researched the issue online and found various cases and
this article:

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OK, I've postponed filing cases when early retirement distributions were
received within the 6 month Means test window so that it fell off that
time period in order to not trigger the 22A presumption, because I
believe it is income that is counted.
But now I'm doubting these determinations because I have a case where I
cannot wait and it will force me into a 13 instead of a Chapter 7. So
I'm putting it out there -- Is this income?
If so, any way around it, such as giving it back it is within the
timeframe to re-contribute (at the risk of a Dennis hyphenation demerit)
it?
Steve
Law Offices of Steven B. Lever
>
> Steven B. Lever
>( Tel. (562) 436-5456 ext. 6470
>( Fax (800) 360-5161
>* sblever@leverlaw.com
> www.leverlaw.com

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