Legal Question in Bankruptcy in Ohio

Retirement exemptions

I have a QDRO for an ex-spouse's retirement that will be put into a retirement account for myself upon distribution. Is this considered an asset or an exemption under Ohio bankruptcy law?


Asked on 7/31/02, 10:54 pm

2 Answers from Attorneys
David Weilbacher, Esq. Attorney at Law

Re: Retirement exemptions

Retirement accounts are exempt from Bankruptcy, as are other types of property. Bankruptcy is very complicated. You should speak to an attorney.

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Answered on 8/01/02, 11:46 am
Ernest Ducey Ducey & Riewaldt

Re: Retirement exemptions

It depends on which jurisdiction in Ohio that you are in and which Trustee is assigned to your case since this area of the law appears to be undecided at this time.

In re Hageman (Bankr. S.D. Ohio March 22, 2001) (Caldwell, B.J.) ruled that a QDRO was received in a divorce 7 months prior to a Chapter 7 Bankruptcy filing was not exempt and thus was property of the Bankruptcy Estate (i.e. they can take it from you)

The 1st Circuit Bankruptcy Appeals Panel (not official law for the state of Ohio) recently held the opposite in "Ostander v. Lalchandani" (B.A.P. 1st Cir., 7/2/02).

It the Toledo area I have not heard of a Trustee that has taken a QDRO from a debtor, but this is no guaranty.

Good Luck!

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Answered on 8/01/02, 12:29 pm


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