Legal Question in Bankruptcy in New York
IRA and Bankruptcy
In the case of a personal injuy
claim that exceeds insurance
coverage is an IRA an exempt
asset in bankruptcy. The IRA
is well in excess of one milion
dollars and is not the result of
a rollover from an ERISA plan?
The law suit is in NYC but the
defendent lives in NJ.
2 Answers from Attorneys
Re: IRA and Bankruptcy
You can obtain general exemption info. on the Frequently Asked Questions (FAQs) on our website at www.starrandstarr.com/faqs.htm.
The article on the Publications section of our website (at www.starrandstarr.com/publications.htm) entitled:
Using Life Insurance and Annuities in New York for Exemption Planning and Asset Protection, 72 Journal of the New York State Bar Association, Jul.-Aug. 2000 at 28,
may be of general interest regarding exemption planning issues although it is a little dated now.
In terms of the specific answer to your inquiry, whether you are plaintiff or defendant (or an attorney representing one of the parties), you really need to hire an attorney knowledgeable regarding exemption planning and judgment enforcement issues to provide you with a legal analysis. Based on the general description of your issue it sounds like there is enough at stake to warrant hiring an attorney.
The foregoing response is intended to provide general information of interest to readers of this website and is not intended as legal advice for your specific situation. Facts and circumstances not disclosed in your 3 line factual summary may affect your rights and remedies. You should consult with an attorney.
Best regards,
Re: IRA and Bankruptcy
You have a million dollar IRA at stake.
Go get a lawyer's advice.
I do not do this area of law; however, I have two friends who are expert in bankruptcy law. Let me know if I can help you.
Related Questions & Answers
-
Bankruptcy can I keep my cars and house if I file bankruptcy Asked 9/03/07, 11:00 am in United States New York Bankruptcy Law