Legal Question in Credit and Debt Law in California

I received an arbitration ruling in my favor, and it is in the process of being confirmed as a judgement. The defendents filed for chapter 7 bankruptcy, and rolled everything but a small amount of funds into an IRA. I know there is a cap on contributions to an IRA, but they have already succeeded in protecting their money. How can they just roll money into an IRA without penalties when there is a yearly limit? Is there anything I can do to collect?


Asked on 11/12/11, 6:13 pm

2 Answer from Attorneys
Tony Carballo Carballo Law Offices

I think there is a limit of $5,000 per person per year (plus $1,000 if over 50) but you do no not say how much they put into the IRA accounts. That would be a deposit. A roll over is something else. You are allowed to deposit that amount into an IRA account for retirement. If the amount deposited was more than allowed by law then it cannot be exempted and would remain in the bakruptcy estate to pay creditors including you. You can bring it to the trustee's attention if the IRA deposit was more than allowed. By the way, getting a judgment without relief of stay would expose you to sanctions by the bankruptcy court and the judgment would be void anyway. Any money recovered by the trustee would have to be distributed (after trustee's commission

and fees of trustee's lawyer) among creditors, including you, so you might not much anyway depending on other debts they have.

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Answered on 11/13/11, 8:35 am


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