Can I keep my retirement accounts after filing for Chapter 7 Bankruptcy?

In West Virginia, it is possible for filers to keep their retirement accounts after filing for Chapter 7 Bankruptcy. Chapter 7 Bankruptcy Law protects retirement accounts from liquidation, meaning that creditors and debt collectors are not allowed to touch money in these accounts. As a result, debts from a Chapter 7 bankruptcy will not be paid from retirement accounts. However, it is important to note that there may be limitations to which types of retirement accounts will be exempt from liquidation during a bankruptcy. Generally, qualified retirement accounts such as 401(k)s, 403(b)s, and IRAs, are generally protected from creditors and debt collectors. Additionally, the West Virginia Exempt Property Statute provides that amounts contributed to eligible pension or retirement accounts are exempt from the creditors of the debtor. In addition, it is important to remember that the funds in these accounts cannot be used to pay off debts. Using these accounts to pay debts may result in additional financial penalties and complications when filing for bankruptcy. For example, depending on the type of retirement account, withdrawing money from it may trigger a penalty fee, or be considered taxable income. To be sure, it is best to consult with a skilled bankruptcy lawyer to determine if any of your retirement accounts are exempt from liquidation during bankruptcy proceedings. They will be able to help you understand the law and determine which accounts can and cannot be protected from liquidation.

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