Charlotte, TX Bankruptcy Law Firms & Lawyers

Don't even think about that unless you put it somewhere where the funds are safe, and you can never take them out and use for living expenses. Everyone that I know that has taken out their pension and thinks they can do better with the money lose all of it. Putting the funds into some type of irrevocable trust is the only recommendation that I would give you.  Protected from you, your creditors and anyone else who might see you as a target. As in a new spouse.

You need to file a brief in opposition to the motion to dismiss that explains why your case should not be dismissed. You will need to point to the similar claims that have been upheld and case law for similar situations where courts have heard the issue and resolved the matter rather than throwing the case out. A legal brief is a document that very clearly shows the court why you are opposing the motion to dismiss using case law, facts, and similar scenarios to yours to persuade the court to allow the claim to continue. 

Retirement money" is generally exempt from creditors. You do need to clarify with a consultation with an attorney what you mean by "retirement money". Unless there is a fraudulent transfer issue, you can typically protect an IRA, 401k, and other retirement assets. Mere savings that you want to use in retirement would not be protected in bankruptcy.