ANSWERS: 1
  • One of the ultimate goals of seeking bankruptcy protection is to attempt to protect as many of your assets as possible. If you contemplate filing for bankruptcy, you may wonder whether federal retirement annuities are safe from being applied to debt through bankruptcy.

    Exemptions

    Under federal and state law, certain types of assets are protected in a bankruptcy case.

    Types

    The types of assets that are protected from creditors in bankruptcy include a personal residence, a reasonably priced personal automobile, tools of the trade and different types of retirement plans--including federal retirement annuities.

    Considerations

    The rationale behind protecting federal retirement annuities and other similar retirement plans for creditors is to ensure that a debtor has appropriate income during retirement.

    Misconceptions

    A common misconception associated with bankruptcy is that a debtor is stripped of all of her assets.

    Warning

    Bankruptcy cases are complicated and many times challenging. Your best interests likely are better served if you hire an experienced bankruptcy attorney to represent your interests.

    Famous Ties

    Although an exception to the normal rule, Bernie Madoff, the king of the Ponzi scheme, is to be stripped of a good deal of his retirement money in his bankruptcy case. Facing a 100-plus year federal prison sentence, he likely has no need for retirement funds.

    Source:

    "The Glannon Guide to Bankruptcy: Guide to Bankruptcy;" Nathalie Martin; 2006

    U.S. Bankruptcy Code

    Cornell Law School: Bankruptcy Overview

    More Information:

    American Bar Association: Bankruptcy & Insolvency Litigation Committee

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