Likely, CA Bankruptcy Law Firms & Lawyers

Yes. You can withdraw money from the 401k to pay for your expenses but the money loses its exemption status once it has been withdrawn from the account. Any money left in the account will remain exempt from the bankruptcy estate.

Question: Can Car Registration Loans be included in Chapter 7 Bankruptcy? Question Detail: If loans are in Default can the car be Repo'd if the loan holders DO NOT have the Title? Or just will they just try to put a Judgment or sue me? *- the car can be repossessed and a judge can issue an order authorizing a title to be issued in the name of the lender; depends on what the lender wants to do; even if they repossess the vehicle, they can STILL hold you liable for the deficiency judgment (difference between what it sells for and what is owed on it)* *Yes, this type of debt can be included in a BKY, but be careful to consider whether or not you should surrender the vehicle in the bankruptcy*

Procedural Steps of a Chapter 7 Bankruptcy Proceeding: After the initial interview and upon receipt of pertinent facts regarding assets and obligations, the following steps are involved. 1. Completion of Pleadings: The first step in preparing for a bankruptcy proceeding is the processing of the paperwork. 2. Pe-Bankruptcy Credit Counseling: Either concurrently with gathering all the information necessary to prepare your documents, or anytime within 180 days prior to the date your Bankruptcy Petition is filed, the second step involved in a Bankruptcy proceeding is completion of a credit counseling session. 3. Filing the Petition: After you have reviewed your Petition for accuracy and approved it, it is filed with the court. A Notice of Commencement of the proceedings is then sent to each of your creditors, along with a notice of the date and time of the creditors meeting set by the Court. 4. The Creditors Meeting: This informal meeting is set approximately 30 days after the filing of the Petition. 5. Post-Filing Debtor Education: In addition to the pre-filing counseling, you must show proof of completion of debtor education after the bankruptcy petition is filed, but before your debts are discharged. This is the last step. If your certificate of credit counseling completion is not filed before the date set for discharge (which is 90 days after the filing of the Petition), your case will be dismissed and your debts will not be discharged. That's the entire process, in a nutshell. Your attorney should be able to advise you where you are in the process. If you ever have questions about your case, you should contact your attorney. The information presented here is general in nature and should not be construed to be formal legal advice, nor the formation of a lawyer/client relationship.