Skip to main content

Can You #Keep Your #Retirement #Accounts in #Bankruptcy?


This is understandably a major concern for many people considering filing for bankruptcy. The good news is that under most circumstances, you can keep your retirement accounts, such as 401ks and IRAs, if you file for bankruptcy. It is important to note that federal law caps the protected amount for some accounts. And, in a few limited situations, your retirement accounts might not be safe from the claims of the bankruptcy trustee and your creditors. #ERISA v. #NON-ERISA Qualified Plans The type of protection the law provides for your retirement account depends on whether it’s an ERISA (Employment Retirement Income Security Act) qualified plan or a non-ERISA plan. ERISA-qualified plans. An ERISA plan is established by an employer, meets certain IRS guidelines, and is tax exempt. Non-ERISA-qualified plans. The most common type of non-ERISA plans are IRAs (Individual Retirement Accounts). . ERISA-Qualified Retirement Plans If you have a ERISA-qualified account and file for bankruptcy you have nothing to worry about. You can protect an unlimted amount of money in these accounts. An ERISA-qualified retirement plan isn’t property that’s included in bankruptcy and can’t be liquidated by the bankruptcy trustee appointed to your bankruptcy case. Here are some examples of ERISA-qualified retirement plans include: 401(k)s 403(b) or profit sharing plans 457(b) deferred compensation plans governmental plans, and tax-exempt organizational retirement plans. Non-ERISA Qualified plans Bankruptcy law also protects non-ERISA retirement accounts. Non-ERISA plans include: IRA’s Roth IRA’s SEP-IRA’s (for small business owners) SIMPLE IRA’s (for self-employed individuals), and similar retirement plans. While ERISA plans have unlimited protection from creditors, the protection for traditional and Roth IRAs is capped at $1,362,800 for cases filed between April 1, 2019, and March 31, 2022. If you have more than one traditional or Roth IRA, you can only protect $1,362,800 combined. The bankruptcy trustee will be able to take any amount over $1,362,800 to repay creditors. State vs. Federal Bankruptcy Exemptions The retirement exemptions are part of the federal bankruptcy exemptions. States can “opt-in” and use the federal bankruptcy exemptions or “opt-out” and use their own state exemptions. However, federal law affords equal treatment of exemption claims of retirement funds to all Chapter 7 and Chapter 13 bankruptcy filers. Therefore, whether you live in an opt-in state or an opt-out state, the federal retirement bankruptcy exemptions apply to your bankruptcy case. Georgia Bankruptcy Exemptions Related to Retirement Accounts Pensions and Retirement Accounts IRAs and ERISA-qualified benefits – 18-4-22 and 11 U.S.C. § 522(b)(3)(C) ➡️Most people use Ga. Code Ann. § 18-4-22 to cover ira, erisa. For single debtors filing, it has no coverage limit. Employees of nonprofit corporations – 44-13-100(a)(2.1)(B) Other pensions necessary for support – 44-13-100(a)(2.1)(C), (a)(2)(E), 18-4-22 ➡️Most people use Ga. Code Ann. § 44-13-100 (a)(2.1)(C); Ga. Code Ann. § 44-13-100 (a)(2)(E) to cover reasonably necessary pensions. For single debtors filing, it has no coverage limit. IRA Payments necessary for support – 44-13-100(a)(2)(F) Public employees retirement benefits – 44-13-100(a)(2.1)(A), 47-2-332 ➡️Most people use Ga. Code Ann. § 47-2-332 to cover state, county, city employees pensions. For single debtors filing, it has no coverage limit. Inherited IRAs are Not Protected From Creditors IRA owners have to take additional steps to protect their heirs from creditors after they die. When an IRA owner dies the account is passed on to their heirs. So what happens if it is inherited by a person who later files for bankruptcy protection? Can this person who inherited the IRA benefit from the IRA bankruptcy exemption? The United States Supreme Court says that, where the beneficiary is a person other than the account owner’s spouse, the answer is “no.” The Supreme Court held that, after the death of an IRA owner, assets in an inherited IRA for a non-spouse beneficiary no longer constitute retirement funds for bankruptcy purposes; therefore, they are not protected from creditors’ claims when a non-spouse beneficiary files for bankruptcy. (Clark v. Rameker, 134 S.Ct. 2242 (2014).) IRA beneficiaries in some states are not subject to this decision because these states have established their own bankruptcy exemptions that can differ from the federal exemptions that were the subject of the Supreme Court’s decision. 📅 SCHEDULE A FREE PHONE/VIDEO CONFIDENTIAL CONSULTATION WITH A GEORGIA BANKRUPTCY LAWYER: Please contact us today at (404) 919-7296 or info@saedilawgroup.com to learn about what you can do to protect your future. #bankruptcy #lawyer #attorney #Georgia #Atlanta #lawgirlboss #chapter13 #chapter7#retirement #401K #IRA #pension...(read more)



LEARN MORE ABOUT: Qualified Retirement Plans
REVEALED: How To Invest During Inflation
HOW TO INVEST IN GOLD: Gold IRA Investing
HOW TO INVEST IN SILVER: Silver IRA Investing
https://inflationprotection.org/can-you-keep-your-retirement-accounts-in-bankruptcy/?feed_id=43506&_unique_id=6381fc1781dde #Inflation #Retirement #GoldIRA #Wealth #Investing #401k #alpharettabankruptcy #Atlantabankruptcy #bankruptcy #bankruptcyattorney #bankruptcylawyer #cartersvillebankruptcy #Chapter13 #Chapter7 #collegeparkbankruptcy #Conyersbankruptcy #creditor #douglasvillebankruptcy #duluth #gainesvillebankruptcy #georgiabankruptcy #ira #jonesborobankruptcy #Kennesawbankruptcy #liquidation #marietta #newnanbankruptcy #pension #retirementaccount #romebankruptcy #roswellbankruptcy #sepira #ytccon #QualifiedRetirementPlan #401k #alpharettabankruptcy #Atlantabankruptcy #bankruptcy #bankruptcyattorney #bankruptcylawyer #cartersvillebankruptcy #Chapter13 #Chapter7 #collegeparkbankruptcy #Conyersbankruptcy #creditor #douglasvillebankruptcy #duluth #gainesvillebankruptcy #georgiabankruptcy #ira #jonesborobankruptcy #Kennesawbankruptcy #liquidation #marietta #newnanbankruptcy #pension #retirementaccount #romebankruptcy #roswellbankruptcy #sepira #ytccon

Comments

Popular posts from this blog

"Is Birch Gold Group a Reliable Choice for Your 2023 Gold IRA Investments?" - A Quick Review #shorts

In this Birch Gold Group review video, I go over what makes this Gold IRA company unique, the pros and cons, their fees, minimums, and much more. Get their free guide here: 👉 FREE Resources: ➜ Gold IRA Company Reviews: Birch Gold Group boasts high ratings from consumer advocate groups. With an A-plus rating from the Better Business Bureau, a triple-A rating from the Business Consumer Alliance, and high marks from Trust Link, Trustpilot, and Google Business, Birch Gold is a top choice to trust your hard-earned retirement savings. Birch Gold Group’s low initial investment minimum is another edge it has over its competitors whose minimums can range from $25,000 to $50,000. A beginning $10,000 minimum investment is all that is required to start a GOLD IRA with Birch which is advantageous for first-time investors. Spanning nearly two decades, Birch Gold Group’s mission and philosophy focus on a commitment to understanding your needs and finding the right fit for you. Their

Should I Rollover My 401k to an IRA? YES! #shorts #retirement #financialfreedom

Should I Rollover My 401k to an IRA? YES! #shorts #retirement #financialfreedom Should I Rollover My 401k to anIRA 🤔 || 401k to IRA Rollover Pro's & Con's In this video, I want to talk about rolling over your 401k to an IRA Rollover and if that makes sense for your retirement planning . I want to look at the pro's to rolling over a 401k and also the con's to rolling over a 401k. When you should rollover your 401k to an IRA and when you should NOT rollover your 401k to an IRA. Let's talk about when you should NOT rollover your 401k to an IRA: 1. You are still working and are under the age of 59.5 2. You are 55 and considering retirement (Rule 55) 3. Increased creditor protection in a 401k 4. 401k's offer loans--IRA's do not offer loans Why you SHOULD rollover your 401k to an IRA 1. More investment choices in IRA over 401k 2. Lower investment fees 3. Convert IRA to Roth IRA (Roth IRA Conversion) 4. Consolidation from multiple 401k'