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401k Repayment and Credit Card Debt After Being Laid Off - Should I File Chapter 7

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  • 03-04-2011, 11:00 AM
    SML20024vr
    401k Repayment and Credit Card Debt After Being Laid Off - Should I File Chapter 7
    My question involves bankruptcy in the state of: New Jersey

    I am considering filing bankruptcy Chapter 7. We have amassed 67,000 in credit card debt due to a slow in my husbands income. I have now found out that I am laid off and will receive some severance. I owe against my 401k which needs to be repaid in a certin 90 day window, and was planning on using my lump sum severance to repay. My question is then, will my severance be at risk, as we will rely on that and unemployment to continue to pay our mortgage and utilities. Should we now stop trying to pay credit cards? Should we consider waiting until after the severance payment an additional 6 months on unemployment before filing?

    Sorry lots of questions, just feel there is time sensitivity to our decision. Thanks!
  • 03-06-2011, 10:14 PM
    Mr. Knowitall
    Re: 401k Repayment and Credit Card Debt After Being Laid Off - Should I File Chapter
    Paying the loan outside of the preference period would generally prevent that money from being clawed back by other creditors.

    Most bankruptcy lawyers give free consultations and you have a number of issues that you would benefit from discussing in more detail with lawyer, so as to form an appropriate strategy for the months before you file.
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