Updated 5/9/2017
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If your plan is an ERISA qualified plan it is technically not part of the bankruptcy estate under Section 541 of the bankruptcy code and, therefore, not subject to creditor claims as held in Patterson v. Shumate, 504 U.S. 753 (1992). Nevertheless, any asset should be disclosed and "exempted" on your bankruptcy petition. If your 401K, 403(b), annuity, profit sharing plan, pension, Roth IRA, IRA, or other defined benefit plan is not ERISA it may be still be exempt. Under North Carolina exemptions IRA’s are generally exempt up to one (1) million dollars.
DSO’s are non-dischargeable in Chapter 7 bankruptcy, and must be paid in full in a Chapter 13 bankruptcy. Property Distribution or Equitable Distribution debt is not classified as a DSO and often can be discharged in Chapter 13, but not Chapter 7.
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