QUESTION

What is your advice if I am way over my head in debt?

Asked on Feb 21st, 2017 on Bankruptcy - California
More details to this question:
I have to move out of my rental by the end of March and I have to move. I have put in a resignation letter at work for the 3rd week in March. I have been working with National Debt Relief for several months trying to get out of debt. I cannot. However, I want to cash out my 401k to start over. What will it cost me? I have no money.
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7 ANSWERS

Commercial & Bankruptcy Law Attorney serving Powell, OH at Ronald K. Nims
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I'm not going to call National Debt Relief a scam but I will say that I've had clients in debt relief programs that have paid a lot of money and their debts are higher than when they started. DEFINITELY, DO NOT TAKE OUT YOUR 401(k) MONEY UNTIL YOU'VE TALKED TO A BANKRUPTCY ATTORNEY. Bankruptcy can eliminate your debt or put you on a court ordered payment plan without sacrificing your retirement funds.
Answered on May 05th, 2017 at 8:37 AM

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Obviously a bankruptcy is definitely worth considering. I would suggest that you limit the size of the withdrawal from your 401(k) to enough to (a) meet your immediate needs for just a few months until you can reasonably expect to find a new job; and (b) pay the costs and fees of a bankruptcy. The filing fee for a Chapter 7 is $335; for a Ch. 13, $310. Lawyers will ask for an advance payment ('retainer') in an amount they will estimate based on how much work the filing apparently will require. In my office, we usually ask for a retainer of $2,000 for a Ch. 7; and $2,500 to $3,000 for a Chapter 13. It's not really cheap, but it can be a lifesaver for people who really need it.
Answered on May 05th, 2017 at 8:36 AM

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Go meet with a BK lawyer face to face. Without more information, filing CH7 seems to be your only option. Do NOT take out the 401(k) money until you meet with a lawyer. There is life after bankruptcy. Good luck!
Answered on May 05th, 2017 at 8:36 AM

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Bankruptcy Attorney serving Las Vegas, NV at A Fresh Start
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I wish you had provided me with some useful information such as how much your debt adds up to, when you last used credit, and how much you have available after covering necessary living expenses, to allocate towards paying your debts. As a general rule, cashing out your protected 401K to pay debts is usually a very bad idea, because you will pay a sizable tax penalty to do this.
Answered on May 05th, 2017 at 8:36 AM

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Bankruptcy Attorney serving Cleveland, OH at Benson Law Firm
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DO NOT cash out your 401k until you speak with a qualified bankruptcy attorney in your area!
Answered on May 04th, 2017 at 10:09 AM

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Bankruptcy Attorney serving Alpena, MI at Carl C. Silver Attorney at Law
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Stop paying National Debt mgmt.. Do not cash in your 401K. File Bankruptcy.
Answered on May 04th, 2017 at 10:08 AM

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I would strongly consider BK before raiding your retirement. Those funds are exempt in BK.
Answered on May 04th, 2017 at 10:08 AM

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