Personal Bankruptcy and Retirement Plans

Your retirement/pension may or may not be exempted. It all depends on how it’s set up. It may be protected if it’s covered by the federal ERISA act (Employee Retirement Income Security Act). Under federal rules, if you have limited access to your money, the bankruptcy court can’t get at it.

Call your benefits coordinator to see if your plan is so covered. A non-Erisa plan may also be safe but you’ll have to check with an attorney familiar with the latest retirement law changes. You’ll also have to check with your attorney concerning your IRA plan. Your funds may or may not be sheltered.

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