Can I lose my IRA, 401k or other retirement account in bankruptcy? | The Golden Law Group | Helping Residents & Businesses Get Financial Stability | (813) 413-8700 | http://BrandonLawyer.com | 808 Oakfield Drive, Ste A, Brandon, Florida 33511 | 9040 Town Center Pkwy, Bradenton, Florida 34202
Under Florida law, IRAs, 401ks and pension plans are exempt assets. That means generally you cannot lose them when you file bankruptcy. Now there are some exceptions to that. The only exception really is if you transfer a non-exempt asset, you sell a non-exempt asset, and take the money and put it into your IRA, 401k or pension plan just before filing. That could create a problem that could jeopardize your money in your retirement account when you file bankruptcy.