Can I apply for retirement while waiting for my bankruptcy discharge?

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Can I apply for retirement while waiting for my bankruptcy discharge?

Am filing for Chapter 7 bankruptcy and want to know if I can apply for retirement or wait until my bankruptcy is discharge?

Asked on April 26, 2012 under Bankruptcy Law, Arizona

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

Whether you decide to apply for retirement and potentially retirement benefits pending a court order with respect to your Chapter 7 bankruptcy discharge should have no adverse outcome on you retiring in that when you filed for bankruptcy protection, the date of such filing sets the date with respect to those debts that you seek to discharge.

As such, it is your choice as to decide with the assistance of your presumed bankruptcy attorney when you wish to actually file for such bankruptcy protection and when you wish to apply for retirement benefits and to see if there is an advantage to wait until after you file for bankruptcy protection before you seek retirement benefits. Personally, I see no real issue when you wish to do either from what you have written.


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