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Consumer Bankruptcy › Chapter 7 › Individual Retirement Account (IRA)

Consumer bankruptcy is a process to reduce or eliminate personal as opposed to business debts. Consumer bankruptcies can be filed under either Chapter 7 or Chapter 13 of the bankruptcy code.  Debtors are... more +
Consumer bankruptcy is a process to reduce or eliminate personal as opposed to business debts. Consumer bankruptcies can be filed under either Chapter 7 or Chapter 13 of the bankruptcy code.  Debtors are eligible for Chapter 7 or Chapter 13 depending on the nature of their debts and assets. less -
Foster Swift Collins & Smith

Are Funds Received as the Beneficiary of an IRA Property of the Estate in Bankruptcy?

Foster Swift Collins & Smith on

When an individual files a Chapter 7 bankruptcy case, the debtor’s non-exempt assets become property of the estate that is used to pay creditors. “Property of the estate” is a defined term under the Bankruptcy Code, so a...more

Partridge Snow & Hahn LLP

Supreme Court Rules Inherited IRAs Available to Creditors in Bankruptcy

Partridge Snow & Hahn LLP on

On June 12, 2014 the United States Supreme Court issued its opinion in Clark v. Rameker, 13-299, ruling that inherited IRA accounts are available to creditors in bankruptcy. At issue was a Bankruptcy Code provision that...more

Snell & Wilmer

U.S. Supreme Court Rules That Inherited IRAs are Available to Pay Creditors

Snell & Wilmer on

On June 12, 2014, the U.S. Supreme Court issued its opinion in Clark v. Rameker[1], opening up another source of recovery for creditors and Chapter 7 trustees in bankruptcy proceedings. In Clark, a Chapter 7 debtor inherited...more

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