Legal Question in Bankruptcy in New York

IRA and Bankruptcy

In the case of a personal injuy

claim that exceeds insurance

coverage is an IRA an exempt

asset in bankruptcy. The IRA

is well in excess of one milion

dollars and is not the result of

a rollover from an ERISA plan?

The law suit is in NYC but the

defendent lives in NJ.


Asked on 9/16/07, 12:59 am

2 Answers from Attorneys

Stephen Starr Starr & Starr, PLLC

Re: IRA and Bankruptcy

You can obtain general exemption info. on the Frequently Asked Questions (FAQs) on our website at www.starrandstarr.com/faqs.htm.

The article on the Publications section of our website (at www.starrandstarr.com/publications.htm) entitled:

Using Life Insurance and Annuities in New York for Exemption Planning and Asset Protection, 72 Journal of the New York State Bar Association, Jul.-Aug. 2000 at 28,

may be of general interest regarding exemption planning issues although it is a little dated now.

In terms of the specific answer to your inquiry, whether you are plaintiff or defendant (or an attorney representing one of the parties), you really need to hire an attorney knowledgeable regarding exemption planning and judgment enforcement issues to provide you with a legal analysis. Based on the general description of your issue it sounds like there is enough at stake to warrant hiring an attorney.

The foregoing response is intended to provide general information of interest to readers of this website and is not intended as legal advice for your specific situation. Facts and circumstances not disclosed in your 3 line factual summary may affect your rights and remedies. You should consult with an attorney.

Best regards,

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Answered on 9/17/07, 9:56 am
Robert Davies The Davies Law Firm, P.A.

Re: IRA and Bankruptcy

You have a million dollar IRA at stake.

Go get a lawyer's advice.

I do not do this area of law; however, I have two friends who are expert in bankruptcy law. Let me know if I can help you.

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Answered on 9/17/07, 11:35 am


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