What are the risks of taking a 401K loan while in debt?

Talk to a Bankruptcy Attorney
Enter Your Zip Code to Connect with a Lawyer Serving Your Area
searchbox small

Question:

What are the risks of taking a 401K loan while in debt?

Answer:

When a person makes a 401k loan, this essentially means that he or she will be borrowing money from his or her own 401k. This fund which you have earmarked for your retirement has certain tax advantages. You should not generally cash in your 401k because of the tax penalties that will ensure if you do – sometimes even employers and brokers tell you this. However, you can still borrow money from your 401k.

In the event that you decide to make a loan from your 401k, you are required to re-pay what you borrowed within a specific time frame, or you will be subjected to tax penalties. Nevertheless, if you repay what you owe with interest, to yourself, your cash outlay for the loan reverts back to you at the end of the day. Now, if you have a 401k and are intending to seek bankruptcy protection, perhaps the question of whether you should borrow from your 401k or not, has crossed your mind.

You need to be aware of the risks of borrowing from your 401k. When you do, you may be cashing in investments to obtain this borrowing. If an investment you have made – like for instance the stock market – rises, you will be losing out on money. Or, in the event that you lose your job, you will be required to repay what you have borrowed in a specific time frame, or you can be subjected with a large tax penalty. This could really compound your money problems.

Bankruptcy and 401k

If you are thinking of making a loan against your 401k in order to avoid bankruptcy, then maybe you will use the proceeds to pay your debts. You will essentially be paying the money back you know, to yourself. So, if intending to take a loan from your 401k, think if this will actually pay off all your debts, or whether you will be able to make your new monthly dues for your 401k.

This article is provided for informational purposes only. If you need legal advice or representation,
click here to have an attorney review your case .

This site does not provide legal advice and users of this site should not interpret any of the information presented here as legal advice. The information provided merely conveys general information related to commonly asked legal questions. We are not a law firm and the employees responding to questions are not acting as your legal attorney. You should ultimately consult with a Lawyer for your case.



LA-WS5:0.9.22.120430.13848