Silverton, TX Bankruptcy Law Firms & Lawyers

Don't even think about that unless you put it somewhere where the funds are safe, and you can never take them out and use for living expenses. Everyone that I know that has taken out their pension and thinks they can do better with the money lose all of it. Putting the funds into some type of irrevocable trust is the only recommendation that I would give you.  Protected from you, your creditors and anyone else who might see you as a target. As in a new spouse.

It sounds as though you are a defendant in a civil case and a co-defendant filed a bankruptcy petition. If you need his testimony to prove your case, you should be able to take his deposition before trial and to subpoena him as a witness at trial. You cannot pursue him for whatever he may owe you because of the bankruptcy stay, but asking him questions under oath to prove your defense is not prohibited. If in doubt, make a motion in the Bankruptcy Court for permission to subpoena the debtor in your civil case. I hope you are represented by counsel in your case. If not, and if it is important for you to prevail in defending the case, you might want to hire a lawyer while there's still time. Hope this perspective helps.