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Retirement Security Law Commons

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Bankruptcy

Selected Works

Articles 1 - 4 of 4

Full-Text Articles in Retirement Security Law

Hidden In Plain View: The Pension Shield Against Creditors, Patricia E. Dilley Aug 2015

Hidden In Plain View: The Pension Shield Against Creditors, Patricia E. Dilley

Patricia E Dilley

This Article examines the virtually unquestioned protection of retirement assets from creditors, in both state and federal law, with a view to determining whether tax qualification or even retirement itself is a sufficient rationale for preserving debtor assets in the face of creditors' claims, and if so, what the limits of such protection should be. The problems of current law stem in large part from the use of tax qualified status as a convenient shortcut for determining the appropriate bankruptcy treatment of retirement accounts. The result is a wide disparity in the treatment of debtors epitomized by the cases of ...


Do Inherited Iras Protect Assets Well?, Lindsey Paige Markus, Assistance From Evan D. Blewett Jun 2013

Do Inherited Iras Protect Assets Well?, Lindsey Paige Markus, Assistance From Evan D. Blewett

Evan Blewett

Whether a client has a complex or simple estate plan, failure to properly address a retirement plan (IRA) beneficiary designation may cause havoc. Regardless of what a client’s estate plan may say, the beneficiary designation under the client’s IRA governs.


Hidden In Plain View: The Pension Shield Against Creditors, Patricia E. Dilley Jun 2013

Hidden In Plain View: The Pension Shield Against Creditors, Patricia E. Dilley

Patricia E Dilley

No abstract provided.


Whose Pension Is It Anyway? Erisa And The Bankruptcy Code, Bruce Grohsgal, Marvin Krasny Dec 1991

Whose Pension Is It Anyway? Erisa And The Bankruptcy Code, Bruce Grohsgal, Marvin Krasny

Bruce Grohsgal

No abstract provided.