Legal Question in Bankruptcy in Arkansas

Can I lose my IRA through BANKRUPTCY?

In Arkansas if I file a Chapter 7 or 11 or 13 can I lose my IRA ?


Asked on 5/30/04, 9:25 am

2 Answers from Attorneys

Harvey Harris Harris Law Firm

Re: Can I lose my IRA through BANKRUPTCY?

In a Chapter 7, it is likely that you would have to give up the money in your IRA. In a Chapter 7, it is unlikely. I don't handle Chapter 11s, so I am not certain about that.

There are several factors that affect the Ch. 7 & 13, but my answer is from what is most likely.

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Answered on 5/30/04, 10:05 am
Herb Southern The Southern Law Firm

Re: Can I lose my IRA through BANKRUPTCY?

What an answer ... anyway, an IRA is different from a 401K or a company retirement plan. The latter is exempted while an IRA is basically available cash on which you have simply not paid taxes. Your exemption on the IRA is limited to the D5 and the wild card. I suggest that you come in and lets talk it over and see if there is something we can do to shelter your money somehow.

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Answered on 5/30/04, 9:01 pm


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