Hello, I have relocated to Switzerland. My company in the US provided a 401k plan for me. Since relocating to Switzerland, because I am "working for an affiliate" of the same company, as they put it, I cannot cash out my 401k.

One thing I should note, in order to be hired by the "affiliate" I needed to sever my employment in the US.

When I first spoke to Fidelity they said it was not a problem, I could cash it out. Now they tell me because I work for an affiliate I cannot cash it out.

Here is my problem. I have measurable debt in the US and the only way for me to clear it is by cashing out my 401k. My only other option is bankruptcy.

Is there a way I can have a lawyer or some way I can directly petition a court to help me have Fidelity release my 401k?

I really do not want to file bankruptcy, but I cannot seem to get anywhere.

Thanks in advance!

Odd, you should be able to take it out even if you are still employeed with the original employer... but you will be taking it out at a substatntial penalty... meaning that's all taxible income for that year... and you have the early withdrawn penalty as well, you will NOT be getting anywhere near all of it.

Meaning you will not get $100 of every $100 you try to cash out.

Companies do not have to permit an in service withdrawal. Most do, but many don't. You need to talk to the administrator of the plan to find out what rules prevent distribution.