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    Good or bad idea?

    We filed on Sept. 30th. Our 341 is on Nov. 9th.

    We checked the box to surrender the cars. I didn't really want to, but that decision is behind us.

    We don't want to get a loan for some crazy amount for an insane amount of years again. That is partially what got us here in the first place.

    Our plan is to take a loan from my wife's 401k to buy cars for cash. We are talking 10-15k. Is there a time line to think about here?

    Thank you for any advice/info.
    9/30/09 * Filed Ch7
    11/9/09 * 341 - Uneventful
    1/11/10 * Closed

    #2
    It is universally not advisable to raid you now exempt future. You will be paying an enormous amount of interest in penalties and taxes. REAL bad idea. 'Hub
    If I knew it all, would I be here?? Hang in there = Retained attorney 8-06, Filed 12-28-07, Discharge 8-13-08, Finally CLOSED 11-3-09, 3-31-10 AP Dismissed, Informed by incompetent lawyer of CLOSED status, October 14, 2010.

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      #3
      I was under the impression there were no fees/penalties. She calls Vanguard. She gets a loan and they take it out of her check each week. I know that there is a certain percent of interest involved but they say you are essentially paying it back to yourself. Am I off base here?
      9/30/09 * Filed Ch7
      11/9/09 * 341 - Uneventful
      1/11/10 * Closed

      Comment


        #4
        I've done loans from my 401k before. There shouldn't be any taxes or penalties unless for some reason you don't end up paying it back. The only problem is you could be missing out on market gains during the term of the loan.....but on the other hand you're paying interest to yourself, not to some subprime lender.

        I'm not sure about waiting until discharge or anything like that......
        Filed pro se (ch 7, no asset) 10/27/09
        341 12/14/09
        Discharged 03/29/10

        Comment


          #5
          401k loans are not considered debts, since you are essentially borrowing money from yourself. The payments cannot be claimed as an expense on a chapter 7, but since you've already filed, that isn't an issue. Personally, I'd wait until the case is discharged and closed just so it doesn't raise any red flags anywhere. Maybe it wouldn't be a problem, though.

          How stable is your wife's job? With the current economy, is there a possibility that she may be subject to a future "workforce reduction" (or "rightsizing" or whatever silly term they use)? If that happens, the remainder of the loan may come due as a lump sum, and if it isn't paid, it will be considered an early withdrawal that is subject to tax penalties.
          Filed 10/1/2009
          341 Meeting scheduled 11/6/2009
          Last day for objections 1/5/2010

          Comment


            #6
            Originally posted by CityFarmer View Post
            401k loans are not considered debts, since you are essentially borrowing money from yourself. The payments cannot be claimed as an expense on a chapter 7, but since you've already filed, that isn't an issue. Personally, I'd wait until the case is discharged and closed just so it doesn't raise any red flags anywhere. Maybe it wouldn't be a problem, though.

            How stable is your wife's job? With the current economy, is there a possibility that she may be subject to a future "workforce reduction" (or "rightsizing" or whatever silly term they use)? If that happens, the remainder of the loan may come due as a lump sum, and if it isn't paid, it will be considered an early withdrawal that is subject to tax penalties.
            Her job is fairly stable. In an ironic twist she is in collections. Let the flaming begin.
            9/30/09 * Filed Ch7
            11/9/09 * 341 - Uneventful
            1/11/10 * Closed

            Comment


              #7
              Originally posted by PdxDavid View Post
              Her job is fairly stable. In an ironic twist she is in collections. Let the flaming begin.
              LOL! I suspect that is one industry that is doing quite well these days!
              Filed 10/1/2009
              341 Meeting scheduled 11/6/2009
              Last day for objections 1/5/2010

              Comment


                #8
                Originally posted by PdxDavid View Post
                Her job is fairly stable. In an ironic twist she is in collections. Let the flaming begin.
                Now that is funny!
                Well, I did. Every one of 'em. Mostly I remember the last one. The wild finish. A guy standing on a station platform in the rain with a comical look in his face because his insides have been kicked out. -Rick

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                  #9
                  i would say it's a bad idea. better to buy a crappy car for a while until you can get a reasonable financing.
                  filed ch7 May 09
                  341 june 09
                  discharged, closed Aug 09

                  Comment


                    #10
                    Pdx - I got a good laugh for the day given the industry your wife works in!
                    In any event, there are places you'll be able to get a loan for a car there have been threads on this, or like music12 said get a crappy car.
                    Much thanks for all the support and information I receive on this forum.
                    Chapter 7 filed 11/21/2008
                    341 Meeting 01/05/2009
                    Discharged 03/06/2009

                    Comment


                      #11
                      DO NOT TOUCH YOUR FUTURE!

                      Don't even think about it. That is your retirement you are pilfering. You are going to need every cent of it 'cause the government is not going to be able to take care of you.

                      Please don't touch it to pay bills now.
                      Stopped paying c. cards February 2009
                      Retained attorney 11/5/09 - $100k in C.Card debt - $120000 per year income - Filed Feb 2010 - 341 Apr 2010 - No Asset Case/Report of No Dist Apr 2010 - Discharged June 2010
                      Case went without a hitch!
                      I HELD MY HEAD HIGH IN THAT COURTROOM AND NOW I AM MOVING ON!

                      Comment

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