For starters, withdrawing money from an IRA or 401(k) will likely result in unnecessary taxes and penalties for early withdrawal. The other issue that would likely arise is the settlement of the debt. What you may not realize is that forgiveness of a debt is considered taxable income. So, the $20,000 that you thought you were off the hook for will now result in you receiving a 1099 from your creditor and paying taxes on $20,000 additional income.
Had bankruptcy been filed, most likely your debt could have been discharged without having additional financial consequences. During bankruptcy, your IRA and 401(k) could have been protected from creditors. Before considering debt settlement, contact Minnesota Bankruptcy Attorney Gregory J. Wald at 952-921-5802 for more information on the best options that suit your scenario.
Gregory J. Wald, Attorney at Law
1500 Northland Plaza
3800 American Boulevard West
Bloomington, MN 55431
Telephone: 952-921-5802
Toll Free: 1-866-747-1130
Fax: 952-831-1346
BankruptcyMinn.com
Gwald314@msn.com
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