rules on 401(k) from former employment
Posted: Wed Apr 07, 2004 11:09 am
The retirment account is exempt, even if it remains with the former
employer. I can tell you for sure that cash out is NOT, NOT, NOT a good
option. You should leave it where it is unless the former employer
insists. If the former employer insists, then you can roll it over into
a "roll-over IRA" which is also exempt.
David A. Tilem
Certified Bankruptcy Specialist*
Law Offices of David A. Tilem
500 N. Brand Blvd., #460, Glendale, CA 91203
Tel: 818-507-6000 Fax: 818-507-6800
* Personal & small business bankruptcy specialist cert. by State Bar of
CA Bd of Legal Specialization.
Sent: Tuesday, April 06, 2004 9:51 AM
To: cdcbaa@yahoogroups.com
Subject: [cdcbaa] rules on 401(k) from former employment
Can anyone tell me if a 401(k) from former employment MUST
be "rolled over" into another form of retirement,(or cashed out)?
My client was laid off about 9 months ago and has a 401(k) from his
former employer amounting to $50,000+. Obviously we would like to
know if it is exempt. This is a Chapter 7 case in SFV.
Thank you!!!
Ty Takeuchi
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