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What happens to my 401(k) if declare bankuptcy

In most cases, your 401(k) money remains protected if you declare bankruptcy.

  • 401(k) Must be qualified

Your 401(k) Plan Must be a “Qualified”

The Bankruptcy Code states that retirement income and retirement plans are exempt from the bankruptcy estate. To be considered exempt, your 401(k) plan must be a “qualified” plan that meets the requirements of the IRS.

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