Are 401(k) contributions allowed in a bankruptcy? What about retirement loans? We all know it’s wise to save for our future, but can you contribute to retirement plan like 401k or 403b if you’re filing bankruptcy? In the Ninth Circuit, it depends.
Continue reading “401(k) Retirement Loans & Contributions in Bankruptcy: Explained”
Every now and then, courts pass down a ruling on a subject that is so practical and a decision so favorable to consumer debtors that it’s as if the heavens opened, angels sang, and cherubim hand-delivered a gift to attorneys far and wide on the wings of a unicorn. The Ninth Circuit’s In re Welsh is such a case.
On this, the ten-year anniversary of In re Welsh, 711 F.3d 1120 (9th Cir, 2013), it seems relatively few attorneys know about this ruling, and how it can benefit debtors. Or at least, far fewer bankruptcy lawyers know about this than should. Yet we all should have it tattooed on the inside of our eyelids.
So, with the goal of getting the word out there, and celebrating a decade of relative anonymity, here’s a loud and triumphant commemoration as a monument to one of the greatest debtor cases in bankruptcy jurisprudence, and all of its varied folklore.
Continue reading “Chapter 13, Social Security, & Luxury Debt: A Case you Must Know”
Unvested stock options aren’t very common, but if someone gets compensated with contingent stocks, they can be worth a lot of money. Keeping the unvested stock options in a Chapter 7 bankruptcy liquidation, then, becomes critical.
The first place to start is determining whether stocks or stock options are property of the estate. Looking at 11 USC 541(a)(1), we see that “Except as provided in subsections (b) and (c)(2) of this section, all legal or equitable interests of the debtor in property as of the commencement of the case.”
Continue reading “Keeping Stock Options in Bankruptcy Depends on This Key Factor”