QUESTION

Can you withdraw money from IRA (72t) for chapter 13 payments without adversely affecting the payment plan amount?

Asked on Mar 23rd, 2017 on Bankruptcy - Nevada
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Related question: for a 5 years chapter 13, would getting more income from a job raise the payment amount? What is the mechanism for this to occur?
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5 ANSWERS

Commercial & Bankruptcy Law Attorney serving Powell, OH at Ronald K. Nims
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First, you're under an obligation to report material changes in your circumstances. Maybe you're Hillary Clinton and perjury isn't a big deal to you but most of us are a little tetchy about committing felonies. Usually a moderate raise (less than 20%) won't change your payments. Anything more than that, talk to your attorney.
Answered on Jul 02nd, 2017 at 12:57 AM

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Bankruptcy Attorney serving Cleveland, OH at Benson Law Firm
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You should not withdraw money from your IRA. If you have a temporary financial problem, ask for a moratorium on payments. If the problem is permanent, consider a motion to modify the plan. And yes, an increase in income can lead to a higher payment. You have a duty to report any increases.
Answered on Jun 21st, 2017 at 1:11 PM

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Good questions. I think you may withdraw money from an IRA-since it is exempt. But is it a good idea? Consider that you'll have to pay a tax on the money you withdraw. and there will be that much less in the pot for when you retire. Compare the costs of taking money from the IRA with the cost of letting your Ch. 13 Plan lapse. You do have some options, and you should discuss them with an experienced bankruptcy lawyer. It's almost always worth the investment.
Answered on Jun 20th, 2017 at 7:49 AM

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Pay an experienced BK lawyer to review your file with you. Any attorney worth their salt will charge you for one hour of their time.
Answered on Jun 20th, 2017 at 7:49 AM

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Bankruptcy Attorney serving Las Vegas, NV at A Fresh Start
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This is not an easy question to answer because it depends on the exact wording of your plan regarding the VESTING of your exempt assets. If the retirement account has vested back to you, this would be something you can do. If you get a raise in your income, you will be required to pay your creditors more, and the trustee hears about this when s/he sees your tax return each year. If you had representation, your attorney would have strategies to minimize the impact of this situation.
Answered on Jun 19th, 2017 at 12:39 AM

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