Keeping Retirement Savings in Chapter 13

Considering Chapter 13 bankruptcy but worried about your retirement nest egg? You're not alone. Many people fear losing their hard-earned savings during this process. But the good news is, in most cases, you can protect your 401(k), IRA, or other retirement plans when filing for Chapter 13.

Federal Protections for Retirement Savings:

Federal law offers a shield for most retirement accounts under the Employee Retirement Income Security Act (ERISA). This shield applies to plans like 401(k)s, 403(b)s, traditional and Roth IRAs, and similar employer-sponsored or individual retirement savings programs. As long as your plan falls under ERISA, Chapter 13 bankruptcy generally won't touch it.

There is a limit, however. The federal government sets a contribution limit that determines how much of your retirement savings are protected. Currently the limit for IRAs is $1,512,350. for the total amount contributed across all your retirement plans. If your retirement savings exceed this amount, the portion exceeding the limit might be vulnerable.

Important Considerations:

Here are some additional points to keep in mind:

· Georgia Law: Fortunately, Georgia's bankruptcy law allows you to exempt a significant amount of property, including most retirement accounts, from being seized by the court to repay creditors. You can potentially keep your entire retirement nest egg safe. To ensure you're maximizing these protections and understand the specifics of Georgia's exemption laws, contact The Craig Black Law Firm so we can discuss your situation.

· Funds Must Remain Invested: The protections apply to funds held within the retirement plan itself. If you withdraw money and place it in a regular bank account, it might no longer be protected.

Why Consult an Attorney?

While the general principles are clear, bankruptcy law can get intricate. Consulting with a bankruptcy attorney is crucial.

When you call The Craig Black Law Firm, you'll get to speak with Craig himself. You'll get expert attorney advice that's specific to your situation. He will guide you through the specific rules and nuances that impact you. Call The Craig Black Law Firm today.