Ask DrewDevil your legal questions

[DrewDevil]

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If you declare bankruptcy what happens to your 401k?

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I don't know much about bankruptcy, but in general, your creditors are made to back off while you offer a reorganization plan to pay them off at a discount. My hunch is that the bk court would resist forcing you to disgorge your retirement funds, given the high taxes and penalties, but I honestly don't know.