Can I Keep My 401k and Retirement in Bankruptcy?

A free guide for New York residents. Filed in S.D.N.Y..

Yes - ERISA-qualified retirement accounts (401k, 403b, pensions) are 100% exempt under federal law, regardless of value. This is one of the strongest protections in bankruptcy. Traditional and Roth IRAs are exempt up to $1,512,350 (adjusted periodically). SEP-IRAs and SIMPLE IRAs get the same ERISA

What You Need to Know

Yes - ERISA-qualified retirement accounts (401k, 403b, pensions) are 100% exempt under federal law, regardless of value. This is one of the strongest protections in bankruptcy. Traditional and Roth IRAs are exempt up to $1,512,350 (adjusted periodically). SEP-IRAs and SIMPLE IRAs get the same ERISA protection as 401k plans. Your retirement savings are safe.

In New York: New York exempts all ERISA-qualified plans. State exemption for IRAs is also generous.

Courthouse: One Bowling Green, Manhattan.

Frequently Asked Questions

Can I Keep My 401k and Retirement in Bankruptcy?

Yes - ERISA-qualified retirement accounts (401k, 403b, pensions) are 100% exempt under federal law, regardless of value. This is one of the strongest protections in bankruptcy. Traditional and Roth IRAs are exempt up to $1,512,350 (adjusted periodically). SEP-IRAs and SIMPLE IRAs get the same ERISA protection as 401k plans. Your retirement savings are safe.

How does this work in New York?

New York exempts all ERISA-qualified plans. State exemption for IRAs is also generous. Filed in S.D.N.Y.. Consult a qualified attorney for your specific situation.

Where do I file?

One Bowling Green, Manhattan.

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