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September 10, 2012

District Court: Inherited IRAs Protected in Bankruptcy

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In Brandon Clark, 2012 DC W

The Bankruptcy Court for the Western District of Wisconsin denied the claim of exemption from bankruptcy for an Inherited IRA.

The bankruptcy court determined that the Inherited IRA did not qualify for the same protection available to non-Inherited IRAs, because it did not meet the definition of a ‘retirement fund’.

The Wisconsin Western Federal District Court (District Court) reversed that decision.

The district court also determined that there is no distinction under the tax code between Inherited and non-Inherited IRA for taxation purposes.

More in the July to September 2012 issue of The IRA Authority ( Subscription required $ 57.97 per year)

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Qualified Charitable Distribution (QCD)

Definition A distribution that is excludable from the distributee’s income, as a result of meeting the following requirements: It is made after the distributee reaches

Catch-up Contribution

Definition An additional contribution that can be made to a retirement plan by a participant who is at least age-50 by the end of the

Salary Deferral Contribution

Definition A contribution made pursuant to a participant’s election to have a portion of his/her salary/wages  contributed to his/ her employer sponsored plan  rather than

Key Employee

Definition An employee who, at any time during the plan year, is (i) an officer of the employer having an annual compensation greater than $180,000,

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