QUESTION
I am receiving pension from my ex husband’s death and I am filing chapter 7 will I still get that pension?
Asked on Nov 05th, 2012 on Bankruptcy - Florida
10 ANSWERS
Generally in bankruptcy a pension is exempted. There are a few exceptions. Contact an attorney about your specific situation to discuss if your pension would be exempt in the bankruptcy.
Answered on Nov 09th, 2012 at 4:43 AM
Bankruptcy Law Business Attorney serving Asheville, NC
Partner at
Pitts, Hay & Hugenschmidt, PA
2 Awards
The pension should be protected, unless you can somehow cash it out or transfer it.
Answered on Nov 08th, 2012 at 3:33 AM
Administrative Law Attorney serving Ann Arbor, MI
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David J. Hutchinson
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It probably will not be affected, but you should get advice from a good bankruptcy attorney before filing.
Answered on Nov 08th, 2012 at 3:26 AM
Daniel James Wilson
Most pensions are exempt, but they can present some tricky problems. Have you talked to your attorney?
Answered on Nov 08th, 2012 at 3:05 AM
Pension benefits are fully exempt in bankruptcy, so as long as you correctly apply for the exemption, you will not lose this asset in a chapter 7 bankruptcy.
Answered on Nov 08th, 2012 at 2:47 AM
The bankruptcy should not effect your pension.
Answered on Nov 08th, 2012 at 2:36 AM
Bankruptcy Attorney serving Myrtle Beach, SC
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Law Office of Margaret L. Evans, PC
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Question: I am receiving pension from my ex husband's death and I am filing chapter 7 will I still get that pension? *- yes, provided: 1) the plan does not qualify under certain sections of the Internal Revenue Code; 2) the payment is on account of age or length of service; and 3) the plan or contract wasn't established by an insider that employed the debtor at the time the debtor's rights arose under the plan or contract*
Answered on Nov 07th, 2012 at 10:57 PM
Bankruptcy Attorney serving Livonia, MI
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Charles J. Schneider, P.C.
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If it ERISA qualified. Yes.
Answered on Nov 07th, 2012 at 9:29 PM
Bankruptcy Law Attorney serving Livingston, NJ
Partner at
Law Office of Stuart M. Nachbar, P.C.
2 Awards
IN NJ, yes you can get the pension.
Answered on Nov 07th, 2012 at 9:14 PM
Criminal Defense Attorney serving Deltona, FL
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R. Jason de Groot, P.A.
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Yes you will still get the pension, but more knowledge of the facts is necessary to answer fully.
Answered on Nov 07th, 2012 at 8:53 PM