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New job and old 401k

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    New job and old 401k

    All,
    my wife and I are in a 100% chapter 13 plan in Indiana. My wife just got a new job. Her old job still has a 401K she contributed to. What do we do with that 401k? What are we allowed to do is the better question? Can we cash it out to pay a big dent into our plan?

    #2
    You should be receiving a notification from the 401(k) custodian about what you want to do. From the few times I changed jobs, they will typically payout the account if it's less than $5K. In any case, you can rollover that distribution to your new employer's account. You could even take it as a distribution and pay the taxes (and the tax penalty if you're not 59.5+ of age).

    I recommend that people do a "direct" rollover of the 401(k) as that keeps it out of your hands. Some are tempted to leverage the money for the 60-days you get to rollover. But... when it's that type of rollover when the custodian gives you a check, they'll withhold about 25% for taxes. So to completely roll it over you'd have to come up with that 25%! So, direct rollovers are appropriate when you really want to rollover the entire amount.

    My employer had a retirement account and when I left they paid it in a lump sum. I wish I knew that I could have just rolled it to a 401(k) at the new employer. However, I did use most of it to buy my new home, so it wasn't too bad.
    Chapter 7 (No Asset/Non-Consumer) Filed (Pro Se) 7/08 (converted from Chapter 13 - 2/10)
    Status: (Auto) Discharged and Closed! 5/10
    Visit My BKForum Blog: justbroke's Blog

    Any advice provided is not legal advice, but simply the musings of a fellow bankrupt.

    Comment


      #3
      If her new company doesn't have a 401K program, or if you don't want to roll the funds into the new plan, you can also roll 401Ks over into a "Regular IRA".
      Latent car nut.

      Comment

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