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help-401k on Schedule B & C of chapter13

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    help-401k on Schedule B & C of chapter13

    Help! We just signed chp13 petition last week and now we got a copy of the files. We realized, under the following for our 401k under petition:

    Schedule B
    Type of Prop Description/loc of prop Husband/Joint/ Value
    Pension plan w/ employer Community 0
    Est. $xxxxx
    XXXXX trustee v. XXXX
    Not property of estate

    Schedule C
    Descr of Prop Specific Law prov exemption value of ex current value
    Pension plan w/ employer C.C.P. 703.140(b)(10)(E) 0 0


    Can someone please help verify if above is true for exempting 401k? How come value is zero and what scared me is under schedule B, there is a trustee name in it.

    I highly appreciate any advise.

    #2
    C.C.P. 703.140(b)(10)(E) is the exemption my attorney used for my 401k, but the value wasn't zero, it was the value of the 401k on my BK filing date (on both B & C).

    Don't let the reference to a trustee scare you. 401k plans are administered by trustees. It's often the financial institution where the funds are invested. But, it could also be an individual, like the CFO or some other senior person in the company you work for.

    ETA: Even though I went through my petition before signing it, I missed a couple of errors until I reviewed it in the comfort of my own home. I just called my attorney and he prepared an amendment. No big deal.
    Last edited by LadyInTheRed; 11-01-2010, 04:43 PM.
    LadyInTheRed is in the black!
    Filed Chap 13 April 2010. Discharged May 2015.
    $143,000 in debt discharged for $36,500, including attorneys fees. Money well spent!

    Comment


      #3
      thanks for info ladyinthered.. The actual 401k amount was entered under "Description & Location of Property column" not under the "Value" column which showed "0".. Anyone else has thoughts on this?

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