Kansas City, MO asked in Bankruptcy for Missouri

Q: If I need to borrow from 401k and completed chp13 pymts and received discharge of debtor letter from court would I be ok

Finished my chapter 13 payment plan, received letter about this from trustee, trustee filed the completion with the fed court, I received discharge of debtor letter from the federal judge.

Related Topics:
1 Lawyer Answer
David Reese Fondren
David Reese Fondren
Answered
  • St. Charles, MO
  • Licensed in Missouri

A: If you already received your discharge and are out of the plan, you can resume borrowing money and getting back into debt like you were before and start the whole mess all over again. 401k loans have to be paid back and cannot be discharged in a bankruptcy. If you default you end up with a tax liability and huge penalty. Even if you pay yourself back, your money is not in the fund to grow. Only do this as a last resort.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.