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[quote=Anonymous][quote=Anonymous]They can take your retirement in chapter 7 if you want a quick deal with debt. These laws are there for a reason so that people intentionally can’t get away with it. [/quote] I think she'll be ok. They won't take her retirement accounts. If she had a million dollars in a Roth IRA, sure. (OP do you have a million in a Roth IRA?) https://www.bankrate.com/personal-finance/debt/401k-safe-bankruptcy/#:~:text=Typically%2C%20under%20ERISA%2C%20creditors%20are,a%20Chapter%2013%20repayment%20plan. [quote]If you are considering filing for bankruptcy and are concerned about losing your 401(k), here’s some good news: In most cases, retirement accounts are considered exempt. That’s thanks to the Employee Retirement Income Security Act (ERISA), a federal law that regulates 401(k)s and other types of employee benefit plans. Typically, under ERISA, creditors are not allowed to touch your 401(k) when you liquify your assets in Chapter 7 bankruptcy. Likewise, your 401(k) cannot be tallied among your assets when creating a Chapter 13 repayment plan.[/quote] https://www.thebankruptcysite.org/exemptions/pennsylvania.html [quote][b]Exempt assets[/b]: Retirement Accounts [u]Pennsylvania:[/u] * pensions for city employees, municipal employees, police officers, public school employees, state employees * private retirement benefits * more protections in "Federal Nonbankruptcy Exemptions" below 42 Pa.C.S. § 8124(b) [u]Federal:[/u] - tax-exempt retirement accounts - [b]IRA and Roth IRA up to $1,512,350[/b] 11 USC §§ 522(b)(3)(C),(b)(3)(C)(n) Note: These retirement accounts are exempt under the federal rules even if the filer uses state exemptions.[/quote][/quote]
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