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Cash payout and bankruptcy

What is the name of your state? FL

My husband and I filed chapter 13, in May of 2006. During the course of the bankruptcy it was revealed that my husband had a profit share account, along with stock shares that were not fully vested until the 5 year mark. The company has now been sold and the stocks have become fully vested.

The options my husband has, is to roll the money over to a 401K, or take a cash payout. The sale of the options is approx $40,000. We have have discussed this and the option to place in the 401K and take a loan against it is not available. The reason we discussed this option is that there is work needed to our home, new roof, water damage to a ceiling that needs to be replaced etc.

So the question is....if my husband takes a cash payout, or a partial cash payout..will this be seized by the court. If the answer is yes..he will roll it over...if the answer is that he can take a partial payout without having to report it to the court...how much would be exempt...

I appreciate any advice.

Thanks,

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