My Employer Filed Bankruptcy, What Will Happen To My Retirement Savings?

November 2nd, 2009 by Reed Allmand

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Unemployed - Can Bankruptcy Help?

If your employer files for bankruptcy your retirement plan could be at risk.  Here’s what you need to know:

  1. If your employer files Chapter 7 bankruptcy, which is a total liquidation, your pension plan will be automatically terminated.
  2. Pension plans which are terminated in Chapter 7 bankruptcy are insured by the Pension Benefit Guaranty Corporation; but 401k plans are not insured.
  3. If your employer files Chapter 11 bankruptcy, the retirement plans will most likely be affected by their restructuring efforts. Both retirees and employees usually retain counsel to represent their interests during the bankruptcy.

How To Protect Yourself

  1. Find out if your pension plan has been terminated.
  2. Find out who the pension plan administrator is during the bankruptcy.
  3. File a claim with the bankruptcy court. You may want to consult with an attorney to do this.
  1. Contact Employee Benefit Security Administration, EBSA at www.askebsa.dol.gov or 1-866-444-EBSA (3272) to get help.
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About Reed Allmand

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Allmand's vision is rooted in his own financially precarious childhood in Abilene "My father always had difficulty holding a job and supporting our family, so after my parents divorced when I was 12, my sister and I got jobs to help make ends meet," he recalls. "I remember what it felt like as a child to worry that our car would be repossessed or home foreclosed on."

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FAQ

Why do I need to submit a new wage order when I modify my plan

When we modify your bankruptcy plan we are changing your plan payments. This means that we have to get with your employer and change the terms and amount of your wage order. The only way we can do that is by filling out a new wage order form.  

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What happens if the stay terminates on my home?

If the bankruptcy stay terminates on your home that means that even though your in bankruptcy, your creditor can pursue all there legal remedies they can pursue if you were not in bankruptcy. This includes foreclosure, and having your house sold and evicting you from your house.

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