Rule Of The Case Doctrine
Rule Of The Case Doctrine
Bankruptcy is terrifying for Rule Of The Case Doctrine, especially for those nearing retirement. Current bankruptcy law allows you to keep pensions, 401k and other retirement plans with a few exceptions. Other aspects of retirement planning can be affected by bankruptcy, so it is a good idea to go over these regulations in detail with a Denver bankruptcy law.
Under the new federal bankruptcy laws established in 2005 Rule Of The Case Doctrine, retirement plans and pension plans are exempt from any claims by creditors. The exemptions are essentially unlimited as long as they qualify as a retirement plan. Examples of exempt retirement plans are 401k, 403b, IRAs, Keogh, and some more complicated plans like profit sharing and money purchase plans.
Retirement Savings and Bankruptcy
The main exception is that traditional and Roth IRAs are only exempt up to $1 million per person. If your total amount of retirement in different accounts is over a million then the excess amount can be claimed by creditors. The exempt amount is adjusted periodically to match the cost of living. Car accidents and other unforeseen accidents will probably need discussion with the court.
Funds inside an account are exempt, but payments are not
Funds in excess after paying for your living expenses Rule Of The Case Doctrine can be garnished in a chapter 7 bankruptcy In House Counsel. Heating and air conditioning bills are considered living expenses. In chapter 13 bankruptcy, all income, including retirement income is included in the overall repayment plan. Your local law office or pro bono legal help organization can help you find specific bankruptcy information.
One more complicated thing you must take care of when it comes to retirement and bankruptcy is loans against retirement plans. Most retirement plans can be used as loan collateral. Whether or not your bankruptcy allows you to get rid of loan payments is dependent on the type of bankruptcy you file. Chapter 7 bankruptcy does not allow cancellation of loans from retirement plans. This is because the loan is technically owed to yourself and not another institution. In chapter 13 bankruptcy, all debts are paid back over a period of time, and once that time is reached, the debts can be discharged.
Regulated payments from your paycheck to an account will probably be held exempt by a Denver bankruptcy court, but voluntary additional payments are not considered necessary, and will not be allowed in a chapter 13 bankruptcy.
