Know What the Status Of 403 B Plans Is Under Chapter 7 Bankruptcy Laws
Most of the debtors may not be aware whether 403 B retirement plans are exempted under chapter 7 bankruptcy laws. Here is some crucial information pertaining to the same which probable personal bankruptcy filers might find useful in their effort to become debt free by filing a chapter 7 bankruptcy.
Chapter 7 bankruptcy laws allow liquidation of personal assets through a court approved procedure. Debtors, who file chapter 7 can thus, settle all their credit debts and secure a new lease of financial life by qualifying for a full discharge. Nevertheless, probable bankruptcy filers may not be completely aware about what assets they may lose by filing a chapter 7 bankruptcy. And it could be particularly important to know that retirement funds such as 40 1 K and 403b plans are totally exempted under laws that apply to chapter 7. Remember, the main objective of bankruptcy is to assist debtors in restarting their financial life and therefore, if retirement funds are not exempted, it is hardly going to help the bankruptcy filer.
The new bankruptcy laws have accounted for this reality as well. In any case, a 403b plan usually involves a savings account which assists an individual to save for retirement. It is very much similar to the 40 1 K plan and is typically meant to be used by those debtors who have worked for educational institutions or such other specific nonprofit organizations. To that effect, the 403 B retirement fund is not considered as a personal asset in typical chapter 7 bankruptcy cases. However, the debtor needs to furnish this information to his bankruptcy attorneys as well as the court appointed “Trustee”. Hence, it is always advisable to mention it when you are preparing the documentation for chapter 7 petition filing.
Many debtors, who file for chapter 7 consumer bankruptcy, think that providing information about 403 B plans is not necessary because it is definitely exempted. But the court might wish to examine such accounts and ensure that the debtor isn’t making huge deposits into the account for keeping his cash assets away from bankruptcy. By disclosing vital details regarding 403 B retirement plans to the bankruptcy court, you only demonstrate good faith. Alternatively, if a debtor fails to provide any such information, it may have serious consequences on the outcome of the case which could even include criminal charges being framed or the case being totally dismissed. In such situations, the bankruptcy filer could be even handed over hefty fines and penalties.
Hence, if you truly intend to protect your legal rights, you need to talk to your bankruptcy lawyer and provide him with correct information regarding your bankruptcy case.
To get more vital information on how to file for chapter 7 bankruptcy, it is hereby recommended to utilize the professional bankruptcy lawyers services offered by reputed online service providers like BankruptcyOnly.