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Can I withdraw money from my retirement account to pay creditors?
It’s a fair question, and one that initially makes a lot of sense.
If you’re receiving harassing phone calls from creditors and cannot make ends meet with your current income, it can be very tempting to withdraw from a retirement fund to pay down the debts.
However, in almost all circumstances this is a worse method to solve debt problems than filing for bankruptcy relief.
Here are the main reasons you shouldn’t withdraw money from your retirement account to pay creditors below.
Most people who choose to use retirement funds to pay debts burn through all of the allowable withdrawal balance before paying off their debts.
You’re likely to lose lots of your retirement money, but will still have debt collectors:
This means you will probably have to file for Chapter 7 bankruptcy or Chapter 13 bankruptcy anyhow.
You might not know that, in most cases, you can keep all of the money in your retirement account when you file for bankruptcy.
This means that your creditors have no right to this money.
Why should you voluntarily give it to them when you could discharge the debts in bankruptcy, and keep your retirement money?
So, if you file for Chapter 7 bankruptcy or Chapter 13 bankruptcy instead of spending your retirement money, you will end up with no debts, and still keep all of your retirement accounts.
This is the best outcome, and can allow you to emerge from a bankruptcy with substantial net worth.
Withdrawing money from a retirement account and not paying it back often results in substantial tax penalties, that can put you further in debt, and are not dischargeable in bankruptcy.
Remember:
So, if you withdraw your retirement money you are likely to trade consumer debts for tax debts AND lose financial security in your retirement.
Retirement and medical costs are becoming increasingly expensive, and it is unwise to put yourself at financial risk simply to pay off your dischargeable debts.
If you withdraw money from your retirement account to pay creditors, you may:
However, when you file Chapeter 7 Bankruptcy or Chapter 13 Bankruptcy, you:
If you are considering using money from your retirement account to pay off debt, then why not Contact Us at 612.724.4357 now and tell us how we can help you.
Alternatively, why not visit one of our offices in Minneapolis, St Paul, Blaine, or Brooklyn Park?
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Walker & Walker Law Offices, PLLC